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I  TREATISE  ON  MATRIMONY, 


ACCOUDIXG   TO  THE 


DOCTRINE   AND   DISCIPLINE 


OP    THE 


CATHOLIC     CHURCH 


BY  RT.  REY'D  DOCTOR  AMAT, 

BISnOI"     OF     MONTERETi    CALIFORNIA. 


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SAN     FRANCISCO: 

PUBLISHED   BY  MICHAEL  FLOOD,  428  KEARNY   ST. 

Towne  &  Bacon,  I'riiitcrs,  53ti  Clay  Street. 

1864. 


"f  A/\  A^.  A/\  ATI  A  A  A  A  A  A  A7^  nyi  rtrv  ATv  A /A  n  n  .--vr.  A/\ /I  A  rtn  A/\  A /^  "^ 


EX   LIBRIS 


ROBERT  ERNEST  COWAN 


TREATISE  ON  MATRIMONY, 


ACCORDING  TO  THE 


DOCTRINE   AND   DISCIPLINE 


or   TES 


CATHOLIC     CHUKCH 


BY  ET.  EEY'D  DOCTOR  AilAT, 

BISHOP     OF     MONTEBET,     CALIFORNIA. 


SAN    FRANCISCO: 

PUBLISHED  BY  MICHAEL  FLOOD,  428  KEARNY  ST. 

Towne  &  Bacon,  Printers,  536  Clay  Street. 

1864. 


\osi 


TREATISE  ON  MATRIMONY. 


0 

\c        Matrimony,  one  of  the  institutions  of  God  himself 
r"    from  the  beginning  of  the  world,  for  the  preservation 
.    of  the  human   race,  created  after  his   own  imasje  and 
"/  likeness,  was  to  bear  the  stamp  of  the  divine  goodness, 
which  the  Supreme  Architect  had  impressed  on  all  his 
^  works;  "and  God  saw  all  the  things  that  he  had  made, 
^  and  they  were  very  good."     (Gen.  c.  15,  v.  31)  ;  and. 
^  being  designed,  as  we  learn  from  the  great  Apostle,  to 
«s  symbolize  that  admirable  union  which  was  to  be  effect- 
52  ed  in  the  fullness  of  time,  by  the  infinite  charity  of  God, 
-^  of  the  divine  and  human  nature  in  the  Person  of  the 
Eternal  "Word,  incarnate;  and  of  the   Eternal  "Word 
incarnate,  Jesus   Christ,  with  all  the  members  of  the 
human  race,  engrafted  in  Him  by  the  grace  of  regene- 
ration, namely  the    Church ;  it  was  necessary  that  it 
should  have  also  the  stamp  of  unity  and  perpetuity, 
grounded  on  charity  and  love,  superior  even  to  that 
which  man  owes  to  his  progenitors  :  "  For  this   cause, 
thus  speaks  the  above  cited  Apostle  (Eph.  c.  5,  vv.  31, 
32),  shall  a  man  leave  his  father  and  mother,  and  shall 
cleave  to  his  wife,  and  they  shall  be  two  in  one  flesh  : 
This  is  a  great  sacrament ;  but  I  speak  in  Christ  and 
in  the  Church."     Hence  Matrimony,  from  the  very  be- 
gmning  of  creation,  was  a  sacred  sign,  although  not  a 


29i0iiH 


sacrament,  a  dignity  which  was  reserved  for  the  time  of 
the  Christian  Dispensation ;  it  was  a  sacred  sign  of  the 
most  sacred  and  admirable  union  of  Jesus  Clirist  with 
his  Church,  and  of  the  grace  wliich  was  to  be  conferred 
by  Christian  marriage  under  the  new  dispensation.  As 
the  ancient  sacrifices  had  no  virtue  of  their  own,  but 
through  the  sacrifice  of  Jesus  Christ,  which  they  prom- 
ised and  of  which  they  were  a  figure ;  they  were  as  "  a 
shadow  of  the  good  things  to  come"  (Heb.  c.  10,  v.  1), 
as  St.  Paul  says,  so  also  matrimony  amongst  our  fore- 
fathers was  a  figure  of  the  Christian  marriage,  and  of 
the  grace  which  was  to  be  annexed  to  the  same  by  our 
Lord  Jesus  Christ,  in  order  that  those  engaged  in  the 
matrimonial  state,  under  the  perfect  law  of  the  gospel, 
which  is  a  law  of  charity,  might  more  fully  represent 
the  union  of  Christ  with  the  Church,  and  raise  up  their 
children  in  the  love  and  fear  of  God,  and  obedience  to 
Jesus  Christ. 

Hence,  matrimony  can  be  considered  under  two  dif- 
ferent aspects :  as  a  contract,  and  as  a  sacrament.  As 
a  contract  established  by  God  himself  from  the  begin- 
ning ;  and  as  a  sacrament  of  the  %ew  law,  established 
by  Jesus  Christ — these  two  qualities  being  inseparable 
in  the  Christian  marriage,  since  it  is  the  same  matrimo- 
nial contract,  established  by  God  from  the  beginning, 
which  our  divine  Saviour  raised  to  the  dignity  of  a  sac- 
rament for  all  those  who  have  received  the  Christian 
baptism.  On  the  knowledge  of  the  matrimonial  con- 
tract greatly  depends  the  right  understanding  of  the 
.same  as  a  sacrament — the  object  we  have  in  view  by 
these  few  lines,  for  the  benefit  of  our  Catholic  friends. 

Although  matrimony,  as  we  shall  see,  is  a  mutually 


onerous  contract  between  man  and  woman;  and  on  thi3 
account  it  might  be  as  well  called  patrimony  as  matri- 
mony, which  means — the  duty  both  of  father  and  moth- 
er {Patris  vel  Matris  inunus) — still  as  it  is  much  more 
onerous  and  laborious  to  the  woman,  to  whom  it  belongs 
to  conceive,  bring  forth,  and  train  up  her  offspring,  it  is 
for  this  reason  called,  more  appropriately,  "  matrimony." 
It  is  likewise  called  "■  wedlock  "  {conjug ium),  ^vom  the 
conjugal  union  of  man  and  wife,  united,  as  it  were,  by 
a  common  yoke,  and  mutually  bound  to  each  other. 
Matrimony  can  be  defined  thus:  "The  conjugal  and 
leoitimate  union  of  man  and  woman,  which  is  to  last 
during  life."  The  word  "  union  "  expresses  the  mutual 
tie  and  obligation  by  which  the  man  and  woman  are 
bound  to  each  other;  that  of  "conjugal"  indicates  the 
peculiar  character  of  this  union,  binding  their  own  per- 
sons to  each  other,  which  distinguishes  the  matrimonial 
contract  from  all  others;  "legitimate,"  this  word  not 
only  means  that  said  union  is  honest  and  lawful,  but 
also  that  it  is  to  be  contracted  under  certain  laws ;  the 
words  "  which  is  to  last  during  life,"  express  the  indis- 
solubility of  the  tie  which  binds  husband  and  wife. 

Matrimony  is  a  natural  contract  established  by  God 
from  the  beginning  of  creation ;  hence  we  read  in  the 
first  chapter  of  the  book  of  Genesis  (vv.  27,  28),  that 

"  God  created  man  to  his  own  image male  and 

female  he  created  them ; "  and  again,  "  God  blessed 
them,  saying,  increase  and  multiply,"  which  woi*ds  by 
no  means  imply  a  precept  for  all  to  marry,  as  some 
erroneously  interpret  them,  as  we  shall  see  hereafter ; 
but  they  merely  express  the  object  of  matrimony,  the 
propagation  of  the  human  race,  for  which  purpose  he 


6 


had  made  them  male  and  female,  and  rendered  them 
fruitful  by  his  blessing.  In  the  second  chapter  of  the 
same  book,  we  learn  the  secondary  object  of  the  matri- 
monial contract,  as  intended  by  God,  namely,  the  mu- 
tual comfort  and  assistance  of  husband  and  wife,  their 
domestic  felicity,  as  comprised  in  these  words  which 
God  said :  "  It  is  not  good  for  man  to  be  alone,  let  us 
make  him  a  help  like  unto  himself"  (v.  18)  ;  and  having 
formed  the  first  woman  out  of  one  of  the  ribs  of  Adam? 
by  which  God  intended  to  teach  them,  that  they  were 
to  treat  each  other  as  companions  and  not  as  servants, 
God  brought  the  woman  to  Adam,  "  And  Adam  said, 
this  now  is  bone  of  my  bones,  and  flesh  of  my  flesh ; 
she  shall  be  called  woman,  because  she  was  taken  out 
of  man  ;  wherefore  a  man  shall  leave  father  and  moth- 
er, and  shall  cleave  to  his  wife,  and  they  shall  be  two 
in  one  flesh"  (vv.  23,  24).  That  these  words,  although 
pronounced  by  the  first  pai'ent  of  the  human  race,  were 
pronounced  by  God's  authority  establishing  matrimony, 
is  authoritatively  declared  by  our  Lord  Jesus  Chi-ist, 
answering  the  question  proposed  to  him  by  the  Phari- 
sees, whether  "  it  were  lawful  for  a  man  to  put  away 
his  wife  for  every  cause ;  he  answered  and  said  to 
them,  have  ye  not  read,  that  he  who  made  man  in  the 
beginning,  made  them  male  and  female  ?  and  he  said, 
for  this  cause  shall  a  man  leave  father  and  mother,  and 
shall  cleave  unto  his  Avife ;  and  they  two  shall  be  in  one 
flesh  ;  M-herefore  they  are  no  more  two,  but  one  flesh. 
What  therefore  God  hath  joined  together,  let  not  man 
put  asunder."     (Matt.  c.  19,  v.  3,  etc.) 

This  matrimonial  contract,  having  the  seal  of  God's 
authority,  the  Supreme  Author  of   nature,  and  being 


according  to  the  end  which  he  proposed  to  himself  in 
the  formation  of  the  two  first  parents  of  the  human  race, 
even  before  their  prevarication,  could  not  be  but  good 
and  holy ;  contrary  to  the  teaching  of  those  ancient  her- 
etics, who,  as  Saint  Paul  says,  writing  to  his  disciple 
Timothy,  departed  "  from  the  faith,  giving  heed  to  spirits 
of  error,  and  doctrines  of  devils,"  and  "  forbidding  to 
marry,""  (First  Tim.  ch.  4,  v.  1,  and  following,)  as  com- 
ing from  an  evil  principle.  This  monstrous  doctrine 
needs  no  confutation,  since  it  is  evident  by  the  very 
words  of  its  institution,  that  matrimony  was  established 
by  the  Almighty  for  the  purpose  of  preventing  the  pro- 
miscuous intercourse  of  the  sexes  in  the  procreation  of 
children,  for  promoting  domestic  felicity,  and  for  secur- 
ing the  maintenance  and  education  of  children ;  all  of 
which  is  well  protected  by  its  unity  and  indissolubility, 
being  "  two  in  one  flesh,"  and  placed  out  of  the  reach  of 
man  to  dissolve  the  union ;  "  what  God  hath  joined 
together,  let  not  man  put  asunder." 

Such  was  the  matrimonial  contract — from  the  begin- 
ning, one  and  indissoluble ;  and  being  such  by  divine 
institution,  it  was  held  in  great  veneration  amongst  all 
nations,  to  which  the  knowledge  of  its  divine  origin  had 
reached  by  oral  tradition  from  the  first  parents  of  the 
human  race,  to  whom,  the  union  of  Jesus  Christ  with 
his  Church,  by  which,  as  the  Apostle  says  :  (Eph.  ch.  5, 
V.  31)  "  we  are  members  of  his  body,  of  his  flesh  and  of 
his  bones,"  and  which  is  represented  by  the  matrimonial 
contract,  was  made  manifest  by  divine  light  when  he 
took  for  his  wife  the  first  woman  whom  he  called  "  bone 
of  his  bones,  and  flesh  of  his  flesh."  Hence,  before  the 
coming  of  Christ  our  Lord,  no  human  legislator  ever 


8 


dared  to  touch,  with  profane  hands,  the  matrimonial 
contract,  but  it  was  left  altogether  under  the  control  of 
religion,  whose  ceremonies  ordinarily  accompanied  its 
celebration  ;  such  was  the  case  among  the  Persians, 
Egyptians,  Greeks,  and  Romans;  they  considered  and 
held  matrimony  as  a  sacred  thing,  and  used  to  call  it "  a 
communication  of  the  divine  and  human  right,"  and  the 
woman  by  it  was  said  to  be  "  partaker  of  sacred  things." 
Human  legislation  cannot  loose  the  ties  that  bind  the 
offspring  to  their  parents ;  much  less  could  it  dissolve 
the  conjugal  union,  far  superior  to  the  first,  since  by  it 
the  first  is  dissolved.  "  A  man  shall  leave  father  and 
mother,  and  shall  cleave  to  his  wife."  How  could  the 
human  legislator  separate  two  persons  united  into  one 
and  the  same  flesh  ?  "  And  they  shall  be  two  in  one 
flesh."  No  ;  "  what  God  hath  joined  together  let  not 
man  put  asunder." 

By  what  has  been  said,  it  appears  evident  that  matri- 
mony, as  an  institution  of  God,  is  one,  holy  and  indis- 
soluble;  or  has  three  essential  conditions:  Unity, 
Sanctity,  and  Indissolubility.  Unity  :  they  are  not  two, 
but  "  one  flesh."  Sanctity  :  representing  the  union  of 
Jesus  Christ  with  his  church ;  and  Indissolubility : 
••'  what  God  hath  joined  together,  let  not  man  put  asun- 
der." Unity  condemns  polygamy,  or  the  plurality  of 
wives,  against  the  practice  of  Mormonism.  Sanctity 
condemns  all  those  who  look  upon  matrimony  as  a  mere 
civil  contract,  and  treat  it  as  such.  And  Indissolubility 
condemns  divorce,  as  coming  from  Judaism.  We  there- 
fore proceed  now  to  the  consideration  of  these  three  dif- 
ferent errors,  as  we  consider  them  in  opposition  to  the 
nature  of  the  matrimonial  contract  according  to  God's 
institution. 


Although  polygamy  be  contrary  to  the  matrimonial 
contract,  as  established  by  the  Creator,  who  made  it 
one,  as  Ave  have  said  ;  and  ahhough  even  it  be  not  con- 
ducive to  the  secondary  end  of  matrimony,  which  is,  as 
we  have  seen,  domestic  felicity,  no  one  can  doubt,  how- 
ever, that  God  can  dispense  with  it,  since  it  is  not  con. 
trary  to  the  fix'st  and  principal  object  of  matrimony,  the 
procreation  of  children  ;  and  if  any  shadow  of  doubt 
should  remain  on  tlie  subject,  it  would  be  easily  removed 
by  the  fact  that  God  granted  such  dispensation  to  sev- 
eral of  the  patriarchs,  as  Abraham,  Jacob,  and  David, 
as  it  can  be  seen  in  the  Holy  Scriptures  (Gen.  c.  16: 
29,  30,  and  Second  Kings,  c.  5)  ;  for  we  could  not  con- 
sistently with  the  Holy  Word  of  God,  sustain  the  sanc- 
tity of  those  holy  fathei-s,  but  by  supposing  the  divine 
dispensation  of  a  law  which  by  no  means  could  be 
unknown  to  them.  Such  being  the  case,  it  would  be 
temerity  for  us  to  ask  the  reason  why  God  granted  such 
dispensation.  We  know  it  was  done  for  the  most  wise 
reasons,  entering  into  the  designs  of  his  divine  provi- 
dence, foreshadowing  something  mysterious  of  the  union 
of  Jesus  Christ  with  his  church,  always  represented  by 
matrimony :  perhaps  the  plurality  of  nations  and  tribes, 
called  and  united  into  one  and  the  same  church,  one  and 
the  same  faith,  by  christian  baptism,  through  Jesus 
Christ,  whom  the  patriarch  also  prefigux-ed.  Such  was 
the  opinion  of  Saint  Augustin,  saying  {De  bono  conjiig. 
c.  18,  V.  21),  "  plures  uxores  antiqurum  Patrum 
significaverunt  puturas  nostras  ex  omnibus  gentibus 
ecclesias,  uni  viro  subditas  Christo."  He  might  also 
have  granted  such  dispensation  to  the  patriarchs,  his 
faithful  servants,  for  the  purpose  of  increasing  the  num- 


10 


ber  of  his  true  adorers  in  a  time  when  idolatry  was  so 
■widely  spread  over  the  world  that  few  only,  compara- 
tively, knew  and  worshiped  the  true  God. 

There  are  plausible  reasons  for  granting  said  dispen- 
sation, which,  however,  could  never  be  applied  to  the 
plurality  of  husband  i,  never  granted  by  Almighty  God, 
as  being  contrary  to  all  and  each  of  the  ends  of  mat- 
rimony, especially  to  the  first,  the  propagation  of  chil- 
dren. These  reasons  having  ceased  by  the  coming  of 
the  Divine  Redeemer,  and  the  estabhshment  of  one 
spiritual  kingdom  over  the  world,  by  the  preaching  of 
His  doctrine,  we  can  see  no  cause  why  polygamy  should 
have  been  allowed  under  the  christian  dispensation,  and 
not  rather  abolished,  and  matrimony  restored  to  its  first 
unity,  namely :  that  of  "  one  man  with  one  woman," 
representing  the  union  of  Jesus  Christ  with  his  Church, 
formed  out  of  all  nations ;  thus  thought  also  the  afore- 
said Father,  (loc.  cit.),  "  Onius  uxoris  vir  significat  ex 
omnibus  gentibus  unitatem  uni  viro  subditam  Christo ;" 
and  "therefore,"  continues  Saint  Augustine  (same 
place),  "as  the  mystery  of  several  wives  anciently  sig- 
nified the  future  multitude  of  all  earthly  nations  that 
were  to  be  subjected  to  God :  so  also  in  our  days,  the 
mystery  of  one  wife  with  one  husband  represents  the 
unity  of  us  all  subject  to  God  to  be  perfected  in  one 
heavenly  city."  However,  whatever  may  be  the  rea- 
sons against  polygamy  and  in  favor  of  the  unity  of 
matrimony,  it  is  certain  that  Jesus  Christ,  the  true  Leg- 
islator of  mankind,  to  whom  all  power  was  given  by  his 
Eternal  Father  (Matt.  c.  28,  v,  18),  and  whom  we 
are  commanded  to  obey  (Luke  c.  9,  v.  35),  abohshed 
polygamy  or  the  plurality  of  wives,  under  the  christian 


11 


dispensation  ;  restored  matrimony  to  its  primitive  unity, 
such  as  it  was  established  by  God  in  the  beginning,  and 
declared  the  matrimonial  engagement,  whether  made  by 
male  or  female,  whilst  a  previous  one  exists,  although 
the  dissolution  of  the  first  may  be  pretended  by  virtue 
of  a  divorce,  to  be  but  an  adulterous  union,  and  by  no 
means  a  lawful  matrimony  :  "  From  the  beginning  of 
the  creation,"  says  he,  "  God  made  them  male  and 
female ;  for  this  cause  a  man  shall  leave  his  father  and 
mother,  and  shall  cleave  to  his  wife,  and  they  two  shall 
be  one  flesh,"  and  "  whosoever  shall  put  away  his  wife, 
and  marry  another,  committeth  adultery.  *  *  And 
if  the  wife  shall  put  away  her  husband,  and  be  married 
to  another,  she  committeth  adultery."  (Mark,  c.  10, 
vv.  6, — 8,  11,  12.)  Such  is  the  standard  law  of  Jesus 
Christ,  the  Supreme  Legislator  of  mankind,  binding  all 
men,  whether  Jews  or  Gentiles ;  condemning  by  it  po- 
lygamy, and  every  kind  of  Mormonism  of  the  past,  pres- 
ent and  future  time,  and  rendering  null  and  void  every 
human  law  in  opposition  to  his. 

Matrimony,  as  we  have  seen,  is  a  natural  contract, 
sanctioned  by  divine  authority,  for  the  procreation  of 
children  and  preservation  of  society  ;  this  is  its  primary 
object ;  and  on  this  account  it  is  evident  that  society  is 
greatly  interested  in  its  rightful  celebration.  Its  sec- 
ondary object  being  to  promote  domestic  felicity,  the 
happiness  and  comfort  of  the  family,  on  which  greatly 
depends  the  well-being  of  society  at  large  and  the  pros- 
perity of  nations,  since  it  is  the  collection  or  aggregation 
of  such  that  forms  the  nation  and  greatly  affects  it,  espe- 
cially with  regard  to  legitimacy,  and  the  right  of  inher- 
itance.    Therefore  civil  rulers  are  bound  to  protect  it  by 


12 


wise  laws,  and  to  preserve  always  the  sanctity  of  the 
matrimonial  contract,  according  to  God's  institution- 
Hence  comes  the  distinction  between  natural  and  civil 
contract,  religious  and  political  engagement.  Hence  the 
zeal  of  civil  masristrates  and  legislators  in  enacting  laws 
resfulating  marriages  or  the  matrimonial  contract ;  and 
hence,  too,  the  error  of  those,  whether  civil  magisti-ates, 
legislators,  or  the  common  people,  who,  regardless  of  the 
laws  of  God  and  of  religion,  call  matrimony  and  hold  it 
as  a  a  mere  civil  contract,  treating  it  as  any  other  con- 
tract or  transaction  under  their  exclusive  jurisdiction, 
enacting  laws  affecting  its  validity  or  invalidity,  and 
pronouncing  decrees  of  divorce  or  dissolution  of  the  ties 
of  matrimony,  granting  leave  to  marry  or  to  be  married 
to  another ;  all  of  which  can  never  make  good  what 
God  has  invalidated,  or  dissolve  what  God  has  united, 
since  thei-e  is  no  power  against  the  power  of  God,  who 
established  matrimony  one  and  indissoluble :  "  a  man 
shall  leave  father  and  mother  and  shall  cleave  to  his 
wife,  and  they  two  shall  be  one  flesh  ;  wherefore  they 
are  no  more  two,  but  one  flesh  ;"  and  he  has  withdrawn 
from  men  the  faculty  of  altering  it :  "  what  God  hath 
joined  together  let  not  man  put  asunder." 

Matrimony,  as  a  natural  contract,  being  established  by 
God  from  the  beginning,  for  the  objects  above  said,  is 
anterior  to  all  society  ;  and  restored  by  Jesus  Christ 
under  the  Christian  Dispensation,  to  its  primitive  insti- 
tution as  to  its  essential  qualities,  and  placed  out  of  the 
reach  of  man  to  alter  it,  as  we  have  already  established, 
it  becomes  evident  that  the  civil  contract  of  matrimony, 
if  there  be  any,  is  posterior  to  the  natural  one,  nor  can 
it  affect  by  any  means,   God's  institution.     Therefore, 


13 


the  nature  of  the  civil  contract  of  naatrimony  can  only 
extend  to  and  have  only  civil  effects,  leaving  untouched 
the  natural  contract.  It  is  something  adventitious,  not 
inherent  to  matrimony,  whicli  was  perfect  as  coming 
from  the  Creator,  and  for  ages  in  existance  before  the 
civil  contract  was  known ;  and  it  is  still  perfect  to-day 
without  any  civil  contract  whenever  there  are  no  civil 
laws  I'egarding  matrimony,  as  it  is  in  several  countries, 
and  also  amongst  tribes  uncivilized  ;  and  as  valid  as  to 
the  matrimonial  contract  as  it  can  be  under  the  most 
refined  civil  legislation.  We  by  no  means,  however, 
pretend  to  deny  to  civil  legislators  the  faculty  of  enact- 
ing laws  concerning  marriage,  since  from  it  proceed,  as 
we  have  already  said,  rights  and  duties  which  fall  under 
the  control  of  civil  magistrates,  and  consequently  must 
of  necessity  be  regulated  by  wise  civil  laws,  which  we 
said  shall  produce  their  civil  effects,  and  bind  the  citi- 
zens. But  moreover,  bound  as  they  ai'e,  to  protect  by 
wise  laws  the  rights  of  citizens,  the  eternal  laws  of  jus- 
tice and  public  morality  which  corrupt  people  are  too 
apt  to  violate,  unless  restrained  through  the  fear  of 
them  who,  as  Saint  Paul  says  (Rom.  c.  13,  v.  4)  :bear 
"not  the  sword  in  vain,"  being  the  ministers  of  God 
and  avengers  "  to  execute  wrath  upon  "  them  that  do 
"  evil :"  so  they  are  not  less  bound  to  protect  matri- 
mony, as  an  institution  of  God,  to  secure  its  essential 
qualities,  especially  in  a  country  where  every  system  of 
religion  being  authorized,  or  at  least  tolerated,  by  law, 
the  corruption  of  the  human  Iieart  and  its  untamed  pas- 
sions are  apt  to  introduce,  under  the  pretext  of  religion, 
to  the  prejudice  of  public  and  even  common  decency, 
the  most  infamous  crimes  and  abominations,  as  is  testi- 
fied by  the  history  of  humanity. 


14 


Let,  then,  human  legislators,  in  enacting  laws  con- 
cerning marriage,  be  careful  not  to  extend  their  legis- 
lative i^ower  beyond  the  civil  power  confided  to  their 
care  ;  directing  well,  according  to  the  rights  of  eternal 
justice,  the  effects  resulting  from  the  matrimonial  con- 
tract, inasmuch  as  they  may  affect  civil  order  or  the 
order  of  society  ;  and  leave  sacred  and  untouched  the 
matrimonial  contract  itself,  as  an  institution  of  God  ; 
and  their  laws  will  be  by  all  respected.  But  if  they 
go  beyond  that,  their  laws  shall  command  neither  re- 
spect nor  esteem,  nor  even  obedience,  whenever  peo_ 
pie  will  be  able  to  evade  them.  Let  them  not  yield, 
in  the  formation  of  their  laws,  to  the  depraved  inclina- 
tions of  the  human  heart,  which  would  bring  them  to 
legalize  the  most  brutal  passions,  without  satisfying 
them  ;  but  rather  enforce  by  wise  laws  the  essential 
conditions  of  the  mati-imonial  contract  established  by 
the  Creator  of  mankind  for  the  preservation  and  per- 
fection of  human  society,  and  thus  they  will  effectually 
cooperate  to  its  enlightenment  and  to  the  preservation 
of  the  image  and  likeness  of  God,  which  we  bear  in  our 
souls  and  distinguishes  us  from  the  brute  creation. 

Having  thus  briefly  explained  our  candid  views  con- 
cerning polygamy,  and  the  error  of  such  as  look  upon 
mati'imony  as  a  mere  civil  contract,  as  being  opposed 
both  to  the  union  and  sanctity  of  the  matrimonial 
engagement,  it  remains  for  us  to  show  how  divorce  also 
is  opposed  to  its  indissolubility  or  perpetuity. 

Every  one  can  easily  understand  that  although  the 
primary  object  of  the  matrimonial  contract,  the  pro- 
creation of  children,  demands  not  its  perpetuity,  since 
they  could  be  obtained  with  only  a  temporary  contract ; 


15 


still  the  proper  training  of  the  same,  their  education, 
the  noblest  part  of  the  same  primary  object,  as  also  the 
secondary  one,  namely,  domestic  peace  and  felicity, 
resulting  from  love,  uniting  the  parents  amongst  them- 
selves and  the  offspring  to  their  parents,  cannot  be 
secured  without  the  perpetual  tie  that  binds  the  couple 
to  each  other  ;  and  since  God  made  all  things  good  from 
the  beginning,  and  He  made  the  first  man  perfect,  and 
destined  his  children  to  be  taught  by  the  parents,  and 
thus  be  conducted  to  perfection,  He  must  have  made 
the  matrimonial  tie  perpetual,  or  else  He  would  not 
have  sufficiently  provided  for  the  object  He  had  in 
view.  Whether  He  could  dispense  with  it,  we  will  not 
venture  to  ask  ;  since  He  could  have  even  established 
the  matrimonial  tie  temporal,  providing  some  other 
means  for  the  proper  education  of  children,  so  He  could 
dispense  with  the  law  which  He  himself  had  made,  and 
allow  its  dissolution,  as  He  really  did,  granting  to  the 
•Jews,  for  certain  reasons,  the  faculty  of  giving  the  bill 
of  divorce,  remaining  free  after  that  to  marry  another. 
But  Jesus  Christ  abolished  said  permission  under  the 
Christian  dispensation,  and  restored  matrimony  to  its 
primitive  institution,  rendering  it  perpetual  and  indisso- 
luble ;  answering  to  the  Jews  who  justified  themselves 
in  the  practice  of  putting  away  their  wives,  alleging 
the  law  of  Moses  which  "  permitted  "  to  write  a  bill  of 
divorce  and  to  put  them  away,  Jesus  said  to  them, 
"  Because  of  the  hardness  of  your  heart  he  Avrote  you, 
that  precept ;  but  from  the  beginning  of  the  creation 
God  made  them  male  and  female ;  for  this  cause  a  man 
shall  leave  his  father  and  mother,  and  shall  cleave  to 
his  wife,  and  they  two  shall  be  one  flesh.     What,  there- 


16 


fore,  God  hath  joined  together,  let  no  man  put  asunder." 
And  immediately  after,  speaking  to  his  disciples  con- 
cerning the  same  thing.  He  said  to  them :  "  Whosoever 
shall  put  away  his  wife  and  marry  another,  committeth 
adultery  against  her ;  and  if  the  wife  shall  put  away 
her  husband  and  be  married  to  another,  she  committeth 
adultery."     (Mark,  c.  10,  vv,  4-12.) 

This  is  the  standard  law  of  Jesus  Christ  under  the 
Christian  dispensation,  binding  all  men,  whether  Chris- 
tians, Jews,  or  Gentiles  ;  a  law  superior  to  all  human 
laws ;  which  no  human  law  can  ever  destroy,  and 
which  annuls  all  laws  against  it,  from  whatever  author- 
ity they  may  proceed  and  by  whatever  magistrate  they 
may  be  enacted,  whatever  may  be  the  opinions  of  men 
to  the  contrary,  since  there  is  no  power  against  the 
power  of  God  :  "  what  God  hath  joined  together,  let  no 
man  put  asunder."  Let  civil  magistrates  grant  divorces 
of  marriages  previously  legally  contracted  ;  let  them 
exercise  this  power  as  long  as  they  please,  they  can* 
never  prescribe  against  the  law  of  God  declaring  mat- 
rimony to  be  one  and  indissoluble.  They  may  grant  to 
the  couple  divorced  the  faculty  of  marrying  again,  and 
declare  the  second  engagement  valid  according  to  the 
civil  law ;  but  according  to  the  law  of  God  and  the  gos- 
pel, it  shall  always  be  an  unlawful  union  and  a  [^real 
adultery :  "  Whosoever  shall  put  away  his  wife]  and 
marry  another,  committeth  adultery ;  and  if  the  wife 
shall  put  away  her  husband  and  be  married  to  anotherj 
she  committeth  adultery." 

We  have  elsewhere  said,  that  the  matrimonial  con- 
tract, from  its  first  institution,  was  a  holy,  a  sacred 
thing ;  not  only  on  account  of  its  divine  origin,  but 


17 


moreover  on  account  of  its  being  designed  to  represent 
that  admirable  union  which  was  to  be  effected  in  the 
fullness  of  time  between  Jesus  Christ  and  his  Church. 
There  is  nothing  in  matrimony  so  strikingly  representa- 
tive of  this  union  as  its  perpetuity  and  indissolubility  ; 
for  the  human  flesh  which  the  Eternal  Word  assumed 
for  the  redemption  of  mankind  He  shall  never  abandon, 
as  is  beautifully  expressed  by  Saint  John,  saying,  "And 
the  Word  was  made  flesh,  and  dwelt  amongst  us  "  (c. 
1,  V.  14)  ;  and  the  same  He  assumed  in  heaven  at  the 
right  hand  of  his  Eternal  Father.  This  is  the  reason 
why  Jesus  Christ  did  not  allow  any  longer  divorce 
under  the  Christian  dispensation,  restoring  matrimony 
to  its  primitive  purity,  and  I'endering  its  tie  indissoluble. 

We  have  considered  matrimony  so  far  under  the 
aspect  of  a  natural  contract,  established  by  God  from 
the  beginning,  one,  holy,  and  indissoluble ;  excluding 
equally  polygamy  and  divorce,  and  condemning  such  as 
would  consider  it  as  a  mere  civil  contract,  depriving  it 
of  the  sacredness  attached  to  it  by  the  Almighty.  We 
proceed  now  to  consider  the  same  as  a  sacrament  of  the 
new  law  established  by  our  Lord  Jesus  Christ  for  all 
who  have  received  Clmstian  baptism. 

That  matrimony,  under  the  Christian  dispensation,  or 
the  matrimonial  contract  between  two  baptized  and 
faithful  Christians,  be  one  of  the  seven  sacraments 
established  by  our  Lord  Jesus  Christ,  which  He  left  in 
the  Church  for  the  sanctification  of  its  members,  is  one 
of  the  dogmas  of  the  Christian  faith  and  of  divine  rev- 
elation, constantly  held  in  the  Church,  sustained  by  the 
Fathers,  expressed  in  the  rituals,  and  believed  by  the 
faithful ;  and  thus  defined  against  the  Reformers  by  the 


18 


General  Council  of  Trent :  "  If  any  one  say  that  mat- 
rimony is  not  verily  and  properly  one  of  the  seven 
sacraments  of  the  evangelical  law  instituted  by  Christ 
our  Lord,  let  him  be  anathema."  (Can.  1,  Sec.  24.) 
Not  only  did  our  divine  Saviour  honor  matrimony  as 
an  institution  of  God  by  his  presence  at  the  marriage 
feast  of  Cana  in  Galilee  (John,  c.  2),  and  sanctified  it 
by  his  first  miracle  changing  water  into  wine,  condemn- 
ing thus  by  his  conduct  such  as  were  afterwards  "  giv- 
ing heed  to  doctrines  of  devils,"  as  we  observed  before, 
forbidding  marriage  as  an  unlawful  deed ;  but,  more- 
over. He  confirmed  by  his  authority  the  unity  and 
indissolubility  of  the  matrimonial  tie,  condemning  po- 
lygamy and  divorce  against  the  Mormon  and  Jewish 
practice  (Matt.  19  and  Mark  10),  as  we  have  already 
proved  ;  and  this  matrimonial  tie,  a  mere  figure  of  the 
union  of  Jesus  Christ  with  his  Church  before  his  incar- 
nation, He  rendered  productive  of  divine  grace,  through 
his  passion  and  death,  for  the  sanctification  of  the  con- 
tracting parties,  as  He  also  sanctified  his  Church  ;  and 
thus  enabled  them  to  fulfill  those  supernatural  duties 
resulting  from  Christian  marriage — duties  which  could 
not  be  duly  complied  with  unless  by  a  special  and 
supernatural  grace,  which  grace  God  will  not  refuse  ; 
and  has  consequently  annexed  it  to  this  sacrament,  as 
the  Church  has  formally  declared  as  an  article  of  divine 
faith  :  "  If  any  one  say  that  matrimony  .  .  .  does  not 
confer  grace,  let  him  be  anathema."  (Can.  1,  Sec.  24.) 
From  this  principle  of  divine  faith,  that  matrimony, 
or  the  matrimonial  contract,  amongst  Christians,  is  a 
sacrament,  and  that  it  confers  sanctifying  grace,  it  fol- 
lows as  a  necessary  consequence,  that  it  is  a  sacred 


19 


thing  of  a  supernatural  order,  whose  management  and 
administration  belongs  to  the  church  and  its  ministers, 
they  being,  according  to  the  doctrine  of  Saint  Paul, 
"  the  ministers  of  Christ,  and  the  dispensers  of  the  mys- 
teries of  God."  (1st  Cor.  c.  4.)  And  this  is  precisely 
what  the  church,  in  the  Council  of  Trent,  decided,  when 
she  said  (Can.  11,  Sec.  24)  :  "  If  any  one  say  that  the 
matrimonial  causes  do  not  belong  to  the  ecclesiastical 
judges,  let  him  be  anathema."  To  the  church,  then,  it 
belongs  to  regulate  the  Christian  matrimony,  or  the 
marriage  of  those  who  profess  the  Christian  faith  and 
belong  to  the  chui'ch,  having  received  Christian  bap- 
tism ;  such  marriage,  as  we  have  said,  being  a  sacra- 
ment, and  being  the  same  matrimonial  contract  which 
God  estabhshed  from  the  beginning,  which  our  Saviour 
raised  to  the  dignity  of  a  sacrament,  attaching  to  it 
sanctifying  grace.  Hence  it  has  been  confided  to  the 
church  and  placed  under  her  protection,  and  therefore 
to  the  church  belongs  to  regulate,  by  wise  laws,  the 
marriage  contract  amongst  Christians  ;  so  that  on  the 
observance  of  said  laws  will  depend  the  lawfulness  and 
validity  of  the  matrimonial  tie.  This  has  also  been 
defined  by  the  church  as  an  article  of  faith,  condemning 
as  heretics  such  as  would  deny  to  her  the  faculty,  or 
would  dare  to  afiirm  that  she  has  erred  in  exercising 
the  same,  saying :  "  If  any  one  say  that  the  church  can- 
not establish  impediments  annulling  matrimony,  or  that 
she  has  erred  in  establishing  them,  let  him  be  anathe- 
ma."    (Can.  4,  Sec.  24.) 

These  few  points,  on  which  depends  all  that  we  are 
to  say,  or  can  say,  concerning  Christian  marriage,  being 
decided  upon  by  the  infallible  authority  of  the  church, 


20 


against  which  the  gates  of  hell  shall  never  prevail 
(Matt.  c.  16,  V.  18),  and  which,  being  "the  pillar  and 
ground  of  the  truth  (1  Tim.  c.  3,  v.  15),  we  are  com- 
manded by  our  Lord  to  obey,  even  as  himself  (Luke  c. 
10,  V.  16),  we  can  say,  with  full  confidence,  that  we 
are  placed  on  solid  ground,  independently  of  any  other 
proof  from  Holy  writ ;  but  they  have,  besides,  for  their 
support,  the  doctrine  and  practice  of  the  great  Apostle 
Paul,  who  has  written  the  first  code  of  legislation,  by 
which  the  church  has  been  guided  in  matrimonial  con- 
cerns. In  the  fifth  chapter  of  his  Epistle  to  the  Ephe- 
sians,  Saint  Paul  draws  a  line  of  comparison  between 
matrimony  and  the  union  of  Jesus  Christ  with  the 
church,  of  which  it  has  always  been  a  figure — the  hus- 
band being  the  head  of  the  wife,  as  Christ  is  the  head 
of  the  church  ;  and  the  members  of  the  church,  which 
is  the  body  of  Christ,  being  therefore  "  the  members 
of  his  body,  of  his  flesh,  and  of  his  bones,"  as  the  first 
woman,  taken  out  of  Adam,  was  said  to  be  ''  bone  of 
his  bone,  and  flesh  of  his  flesh."  He  extols  the  Chris- 
tian marriage  above  the  ancient  one,  although  the  same 
established  by  God  from  the  beginning,  by  the  superi- 
ority of  duties  resulting  from  it,  such  as  supernatural 
love  and  respect  for  one  another,  similar  to  that  which 
exists  between  Christ  and  his  church,  implying  a  special 
grace  attached  to  the  same  to  sanctify  the  contracting 
parties,  as  Christ  sanctified  the  Church,  by  virtue  of 
which  he  calls  it  "a  great  Sacrament  in  Christ  and  in 
the  church  ;"  and  therefoi-e  as  a  sacred  thing,  as  a  Min- 
ister of  Ciirist,  and  Dispenser  of  the  mysteries  of  God, 
he  knew  he  had  authority  to  regulate  the  marriage  con- 
tract amongst  Christians,  as  he  did  in  many  instances, 


21 

especially  in  the  seventh  chapter  of  the  first  Epistle  to 
the  Corinthians,  which  would  have  been  in  itself  suffi- 
cient guaranty  for  the  church  to  decide  upon  her  power 
to  regulate  by  wise  laws  the  matrimonial  contract 
amongst  Christians,  as  we  have  established  above. 

The  church,  then,  of  her  own  authority,  that  is  to  say, 
independently  of  any  civil  power  or  magistrate,  but  only 
by  virtue  of  the  power  she  received  from  her  Divine 
founder,  can  enact  laws  concerning  Christian  marriages, 
regulating  their  contract,  and  affecting  their  lawfulness 
and  validity,  which  no  other  laws  can  do,  by  whatever 
magistrate  or  authority  they  may  be  enacted,  unless 
approved  and  sanctioned  by  the  same.  Civil  laws  pro- 
duce civil  effects,  which  Christians  will  be  bound,  if  they 
be  just,  to  respect ;  if  otherwise,  might  be  compelled  so 
to  do  ;  but  they  can  never  affect  the  matrimonial  con- 
tract amongst  Christians,  it  being  the  same  matrimonial 
contract  wnich  was  raised  by  our  Lord  to  the  dignity 
of  Sacrament — not  to  be  touched  by  proftuie  hands,  but 
exclusively  confided  to  the  church  and  its  ministers. 
This  is  so  clear  that  Calvin  himself  admits  it,  saying 
(Justit.  Book  4th,  chap.  19,  §  37):  "Once  admitted 
that  Matrimony  is  a  Sacrament,  the  matrimonial  causes 
belong  to  them  (the  Pastors  of  the  church),  because 
spiritual  things  cannot  be  judged  by  the  profane  judges." 

The  church  respects  the  civil  laws,  and  even  enforces 
them,  whenever  they  are  not  in  opposition  to  those 
of  God  and  of  her  own  ;  but  in  case  of  any  opposition 
between  the  laws  of  the  church  and  those  of  the  prince, 
or  of  the  State,  those  of  the  church  would  stand,  as  to 
the  validity  or  invalidity  of  the  marriage  contract  before 
God,  whatever  might  be  the  opinion  and  judgment  of 


22 

men  to  the  contrary,  according  to  the  words  of  our 
Lord:  "Whatsoever  you  shall  bind  upon  earth,  it  shall 
be  bound  also  in  heaven  ;  and  whatsoever  you  shall 
loose  upon  earth,  it  shall  be  loosed  also  in  heaven " 
(Matt.  c.  18,  V.  18),  which  particularly  stands  good  for 
what  regards  the  Sacrament,  as  Matrimony  is  amongst 
Christians. 

The  practice   of  the  church  in  this  respect  confirms 
the  same  truth  ;  for  she,  invariably,  from  the  time  of  the 
Apostles  down   to  the  present  day,  in  all  her  tribunals, 
judged  upon  the  validity  or  invalidity  of  the  matrimonial 
tie,  even  amongst  princes  and  kings,  according  as  they 
were  contracted  in   conformity  with  her  own  laws,  or 
against  them,  without  any  regard  to  the  civil  laws  of  the 
country  in  which  they  had  been  contracted.     There- 
fore she  constantly  held  this  doctrine,  that  the  civil  laws 
cannot  affect  the  matrimonial  contract  amongst  Chris- 
tians, this  being  exclusively  confided  to  the  Divine  foun- 
der, and  she,  most  strenuously  sustained  the  trust  com- 
mitted to  her,  in  preserving  inviolate  the  sanctity  of 
matrimony,  its  unity  and  indissolubility,  according  to 
God's  institution,  against  all  the  efibrts  even  of  crowned 
heads  who  attempted  to  assail  them ;  opposing  to  their 
mighty  will  and  threats,  her  patience,  constancy,  and 
perseverance,  in  telling  them,  in  the  name  of  the^Lbrd, 
as  Saint  John  the  Baptist  to  Herod,  non  licet,  "  it  is  not 
lawful"  (Mark  c.    6,  v.   18).     The  church,  moreover, 
has  surrounded  the  Christian  marriage  with  many  wise 
laws,  which   Christians  cannot  lawfully  disregard ;  but 
are  to  observe  them  most  carefully,  if  they  wish  to  find 
in  the  matrimonial  state,  not  a  source  of  anguish  and 
despair,  but  the  happy  fruits  of  domestic  peace.  Thanks 


23 


then  to  the  untiring  zeal  of  the  church,  or  rather,  to  our 
Lord,  who  has  intrusted  to  his  faithful  spouse  the  inter- 
ests of  Christian  marriage,  and  withdrawn  it  from  pro- 
fane hands,  thus  preserving  the  same,  as  Saint  Paul 
wished  it  to  be,  "  honorable  in  all  things."  (Heb.  c.  13, 
V.  4.) 

The  church  of  God  ever  faithful  to  God's  commis- 
sion, to  "  preach  the  Gospel  to  every  creature,"  and  to 
"  teach  all  nations"  the  Gospel  truths  (Mark,  c.  16,  v. 
15,  and  Matt.  c.  28,  v.  19),  never  ceased  to  inculcate 
the  unity  and  indissolubility  of  marriage  as  established 
by  God  for  aU  men,  wherever  she  has  announced  the 
tidings  of  salvation  ;  and  she  never  allowed  any  devia- 
tion from  it,  unless  authorized  by  the  same  author  of 
matrimony  and  specified  in  the  Gospel.  She  enacts  no 
laws  of  her  own  for  them  that  are  out  of  her  pale,  fol- 
lowing in  this  the  example  of  Saint  Paul,  who,  writing 
to  the  Corinthians  (1st  Cor.  c.  5,  vv.  12,  13)  says : — 
"  "What  have  I  to  do  to  judge  them  that  are  without  ? 
.  .  .  For  they  that  are  without  God  will  judge."  But 
she  did  not  neglect  the  Christian  marriage ;  and  her 
legislation  in  this  respect  is  the  most  perfect  code  of 
laws  that  ever  existed,  full  of  wisdom  from  above,  be- 
cause it  is  grounded  on  the  Gospel.  And  first  of  all, 
well  aware  of  the  prohibition  of  Polygamy,  or  plurality 
of  wives,  made  by  Jesus  Christ  under  the  Christian  dis- 
pensation, as  we  have  seen  before,  she  hath  declared  it 
an  article  of  Divine  faith,  and  condemned  as  heretics 
such  as  would  dare  to  deny  it,  or  afiirm  that  it  is  law- 
ful for  Christians  to  have  several  wives  simultaneously 
(Can.  2,  Sec.  24)  :  "  If  any  one  say  that  it  is  lawful 
for  Christians  to  have  several  wives  sinjultaneously,  and 


24 

that  the  Divine  law  prohibits  the  same,  let  him  be 
anathema."  The  law  of  the  church,  contained  in  this 
definition,  plainly  embraces  all  Christians ;  but  that  the 
law  of  God,  on  which  the  same  is  grounded,  extends  to 
all  men,  whether  Jews  or  Gentiles,  or  any  other  kind  of 
Mormons,  is  also  evinced  by  the  practice  of  the  same 
church  ;  for  in  case  of  the  conversion  of  any  of  them  to 
the  Catholic  church  who,  whilst  in  their  infidelity,  had 
attempted  to  contract  matrimony  with  several  women, 
she  does  not  allow  them  to  keep  but  one  of  them,  and 
that  must  be  the  first,  as  she  is  considered  the  only 
proper  wife.  Only  in  the  event  that  the  first  wife  would 
not  live  peaceably  with  the  new  convert,  or  would  with- 
draw from  him,  in  such  case  he  would  be  allowed  to 
leave  the  first,  and  take  any  one  of  the  others  unto  wife, 
according  to  the  liberty  which  the  Gospel  grants,  in 
favor  of  the  Christian  faith,  to  the  new  convert.  And 
this  is  the  doctrine  of  the  great  Apostle,  saying  (1st 
Cor.  c.  7,  v.  15)  :  "If  the  unbeliever  depart,  let  him 
depart ;  for  a  brother  or  sister  is  not  under  bondage  in 
such  cases  ;  but  God  hath  called  us  in  peace." 

We  need  not  repeat  what  we  have  said  concerning  the 
indissolubility  of  the  marriage  contract  as  established 
by  God  from  the  beginning,  since  the  same  was  con- 
firmed by  our  Lord  Jesus  Christ,  and  raised  to  the  dig- 
nity of  a  Sacrament,  under  the  new  Dispensation ;  the 
same  doctrine,  therefore,  is  to  be  applied  to  Matrimony 
as  a  Sacrament ;  and  the  church  grounded  on  said  Di- 
vine teachings,  and  also  on  that  of  the  Apostle :  "  To 
them  that  are  married  not  I,  but  the  Lord  commandeth 
that  the  wife  depart  not  from  her  husband  ;  and  if  she 
depart  that  she  remain  unmarried,  or  be  reconciled  to 


26 


her  husband.     And  let  not  the  husband  put  away  his 
wife."     And  again  :  "  A  woman  is  bound  by  the  law  as 
long  as  her  husband  liveth ;  but  if  her  husband  die,  she 
is  at  liberty  ;  let  her  marry  whom  she  will,  only  in  the 
Lord  "  (1st  Cor.  c.  7,  vv.  10, 11,  39).  And  again  :  "  The 
woman  that  hath  a  husband,  whilst  her  husband  liveth 
is  bound  to  the  law  ;  but  if  her  husband  be  dead,  she  is 
loosed  from  the  law  of  her  husband.     Wherefore,  whilst 
her  husband  liveth,  she  shall  be  called  an  adulteress,  if  she 
be  with  another  man  "  (Rom.  c.  7,  v.  2,  3).     Grounded, 
I  say,  on  these  eternal  truths,  in  which  only  death  is 
assigned  for   the    dissolution    of    the    matrimonial    tie 
amongst   Christians,  the  church   hath  justly  declared 
matrimony  indissoluble,  only  by  the  death  of  one  of  the 
parties ;  and  declared  heretics  such  as  would  dare  aflSrm 
that  it  can  be  dissolved,  either  by  heresy  or  troublesome 
cohabitation,  or  by  a  protracted  absence  of  one  of  the 
parties,  saying  :  "  If  any  one  say  that  the  tie  of  matri- 
mony can  be  dissolved  either  by  heresy  or  troublesome 
cohabitation,  or  by  a  protracted  absence   of  one  of  the 
parties,  let  him  be  anathema"  (Can.  5,  Sec.  24).     She 
hath,  moreover,  condemned  as  heretics,  and  pronounced 
the  same  anathema  against  those  who  dare  say  that  "  the 
church  errs,  teaching  that  according  to  the  evangelical 
and  apostolic  doctrine,  that  the  band  of  matrimony  can- 
not be  dissolved  for  the  cause  of  fornication  of  either  of 
the  married  couple  ;  and  that  neither  of  the  two — even 
the  innocent,  who  did  not  give  any  cause  for  the  adul- 
tery, cannot  contract  another   martrimony  whilst  the 
other  party  lives ;  but  rather,  that   both,  he   who  puts 
away  the  adulteress   and  marries  another  committeth 
adultery,  and  she  who  puts  away  the  adulterer  aad  is 
2 


26 


married  to   another,  committeth  adultery."     (Can.  7, 
Sec.  23.) 

This  doctrine  of  the  church,  which  is  that  of  the 
Apostle,  as  we  have  seen,  and  is  derived  fr6m  that  of 
Jesus  Christ,  "  What,  therefore,  God  hath  joined  to- 
gether, let  no  man  put  asunder,"  evidently  is  applicable 
to  all  men,  since  Jesus  Christ  legislates  for  mankind,  as 
we  have  established  before  ;  and  therefore  the  church 
hath  never,  nor  shall  she  ever  recognize  the  validity  of 
a  matrimony  contracted  in  virtue  of  a  divorce  from  a 
previous  marriage  validly  contracted.  She  rather  looks 
always  upon  it  as  an  adulterous  union,  according  to  that 
of  our  Lord,  "  Whosoever  shall  put  away  his  wife  and 
marry  another,  committeth  adultery  against  her ;  and 
if  the  wife  shall  put  away  her  husband  and  be  married 
to  another,  she  committeth  adultery."  (Mark,  c.  10,  vv. 
11,  12.)  Nor  can  any  Christian  at  any  time,  under  any 
pretext  whatever,  apply  to  any  civil  magistrate  or  any 
court  whatever  for  a  divorce  of  a  marriage  validly  con- 
tracted for  the  purpose  of  marrying  another,  or  avail 
himself  of  a  divorce  previously  obtained  to  get  married 
again  to  another.  The  only  exception  that  exists  in 
this  respect  is  the  one  mentioned  above  by  Saint  Paul, 
in  favor  of  the  Christian  faith,  when  marriage  has  been 
contracted  by  two  infidels,  or  unbaptized  persons,  and 
one  of  them  after  marriage  embraces  the  Christian 
faith  ;  if  the  unbeliever  abandons  him,  or  will  not  live 
peaceably  with  the  new  convert,  this  remains  free  from 
the  first  tie,  and  can  get  mai'ried  to  another :  "  If  the 
unbeliever  depart,  let  him  depart ;  for  a  brother  or  sis- 
ter is  not  under  bondage  in  such  cases ;  but  God  has 
called  us  in  peace."    The  reasonableness  of  this  allow- 


27 


ance  appears  plain  from  the  very  fact  that  it  would  be 
a  great  obstacle  to  embracing  the  Christian  faith,  with- 
out which  "  it  is  impossible  to  please  God  "  (Heb.  c.  11, 
V.  6),  if  the  new  convert  were  bound  either  to  remain 
with  an  enemy  or  persecutor  of  his  faith,  or  remain  for- 
ever unmarried ;  and  therefore,  when  such  is  not  the 
case,  the  tie  of  marriage  continues  good,  and  the  new 
convert  is  bound  to  keep  the  infidel  or  unbaptized  com- 
panion, according  to  the  teaching  of  the  same  Apostle, 
saying,  "  If  any  brother  have  a  wife  that  believeth  not, 
and  she  consent  to  dwell  with  him,  let  him  not  put  her 
away  ;  and  if  any  woman  have  a  husband  that  believ- 
eth not,  and  he  consent  to  dwell  with  her,  let  her  not 
put  away  her  husband."  (1st  Cor.  c.  7,  vv.  12,  13.) 
As  the  above  liberty  and  exception  is  only  in  favor  of 
the  Christian  faith,  it  follows  that  a  catholic,  who,  with 
dispensation  from  the  church,  would  get  married  to  an 
infidel  or  unbaptized  person,  could  not  avail  himself  of 
it  to  put  away  his  companion  and  get  married  to  an- 
other, although  ill-treated  and  persecuted  on  account  of 
his  faith ;  but  must  of  necessity  abide  by  its  conse- 
quences (which  he  well  knows,  or  at  least  he  should 
know)  until  the  death  of  either  of  them. 

This  is  the  doctrine  of  the  catholic  church  concerning 
the  unity  and  perpetuity  of  the  Christian  marriage  un- 
der the  new  dispensation  ;  and  since  it  is  in  accordance  ' 
with  the  teachings  of  the  gospel,  as  we  have  observed, 
it  is  to  be  expected  that  no  learned  and  reasonable  man, 
comparing  the  same  with  the  teaching  of  the  politicians 
of  this  day  and  the  practice  of  the  church  with  that  of 
civil  courts,  which  are  so  generous  in  granting,  for  very 
trivial   causes,  divorces ;  and,  particularly,  comparing 


28 


the  effects  produced  by  holding  strictly  to  the  severity 
of  the  church  with  the  looseness  of  morals  caused  by 
deviating  from  the  same — no  reasonable  man  can  re- 
proach the  first  to  praise  the  latter ;  but  rather  will 
admire  the  divine  wisdom  by  which  the  church  has 
always  been  guided,  and  will  deeply  lament  the  evils 
brought  on  the  domestic  family  by  the  Reformation, 
depriving  the  Christian  matrimony,  under  the  pretext 
of  Christian  liberty,  of  its  sacred  character  as  a  sacra- 
ment, to  withdraw  the  same  from  the  pontiff  and  give  it 
to  the  king.  In  vain  did  the  Reformers  repent  after- 
wards, and  would  reclaim  the  right  of  the  church  and 
its  pontiff  for  themselves  ;  the  evil  seed  was  sown,  and 
it  must  produce  its  bad  fruit.  But  the  right  of  the 
church  is  always  the  same  ;  the  matrimonial  contract  is 
a  sacrament ;  is  one  and  indissoluble  ;  its  administration 
is  confided  to  the  pastors  of  the  church,  who  alone,  of 
their  own  authority,  can  establish  laws  regulating  the 
same  and  affecting  its  validity  and  lawfulness,  which  all 
Christians  are  bound  to  observe,  as  we  have  heretofore 
proved.  We  have,  moreover,  seen  the  doctrine  of  the 
church  concerning  the  unity  and  perpetuity  of  the 
Christian  marriage,  and  her  laws  protecting  the  same. 
It  remains  now  for  us  to  consider,  in  particular,  the 
laws  of  the  church  affecting  the  Christian  marriage* 
both  as  a  contract  and  as  a  sacrament,  and  which  are 
called  impediments  ;  as  also  those  which  do  not  affect 
indeed  the  Christian  marriage,  but  merely  prescribe 
some  things  to  be  observed  in  order  to  proceed  cau- 
tiously and  prudently  in  an  engagement  which  lasts  for 
life,  and  on  which  depend  both  the  happiness  of  the 
contracting  parties  and  the  fruits  of  domestic  peace,  and 
greatly  contribute  to  the  good  of  society  at  large. 


29 


The  laws  of  the  church  prohibiting  marriage  between 
certain  persons  are  those  which  we  call  impediments  ; 
and  they  either  render  the  contract  null  and  void,  or 
without  annulling  the  contract,  they  render  it  only  un- 
lawful unless  dispensed  with  by  the  same  church.  We 
have  already  proved  that  the  church  can  establish  such 
impediments,  and  therefore  she  can  also  dispense  with 
the  same,  since  every  power  authorized  to  make  laws  is 
equally  empowered  either  to  annul  or  dispense  with  the 
same,  or  to  change  them,  according  as  the  circumstances 
and  good  of  the  persons  concerned  may  I'equire  ;  the 
power  being  given,  as  Saint  Paul  says  (2d  Cor.  c.  10, 
v.  8),  "  for  edification,  and  not  for  destruction."  The 
church  cannot,  however,  dispense  with  such  impedi- 
ments as  are  not  established  by  herself,  but  by  nature 
or  the  natural  law  ;  hence  she  cannot  allow  those  per- 
sons to  contract  matrimony  whom  the  nature  of  the 
matrimonial  contract  itself  repels,  whether  it  be  for 
want  of  understanding  to  know  the  nature  of  the 
engagement  as  incapable  to  contract,  or  for  want  of 
capacity  to  consummate  the  matrimonial  tie  as  unfit  for 
generation — such  persons  are  said  to  labor  under  natu- 
ral impediments  to  contract  matrimony,  nor  can  they 
be  dispensed  by  any  authority  whatever;  neither  can 
the  church  dispense  with  the  laws  of  God  prohibiting 
marriage,  under  the  Christian  dispensation,  to  them 
that  are  already  validly  engaged  in  this  state  until  one 
of  the  parties  die,  as  we  have  seen,  speaking  of  the 
unity  and  indissolubility  of  matrimony,  and  which  the 
divines  call  an  impediment  of  divine  institution.  She 
can,  however,  dispense  with  those  impediments,  or  laws 
prohibiting  marriage,  within  certain  degrees  of  kindred. 


30 


which  God  gave  to  his  people,  and  are  contained  in  the 
18th  chaptei'  of  the  Book  of  Leviticus  ;  both  because 
they  do  not  regai'd  Christians,  having  been  abrogated  by 
the  gospel,  nor  are  they  imposed  by  the  natural  law, 
which  alone  is  obligatory  at  all  times  and  to  all  per- 
sons;  and  hence  the  church  hath  justly  pronounced,  in 
the  Council  of  Trent,  the  following  anathema  :  "  If  any 
one  say  that  only  those  degrees  of  consanguinity  and 
affinity  which  are  mentioned  in  the  Book  of  Leviticus 
can  prohibit  matrimony  and  annul  its  contract,  nor  can 
the  church  dispense  with  some  of  them,  or  establish  that 
some  others  may  prohibit  or  annul  the  same,  let  him  be 
anathema."     (Can.  3,  Sess.  24.) 

We  are  therefore  reduced  to  the  laws  of  the  church 
prohibiting  marriage,  rendering  it  either  null  and  void 
if  attempted,  or  at  least  unlawful  if  contracted  without 
her  dispensation.  Hence  there  are  two  kinds  of  eccle- 
siastical impediments,  namely,  those  that  both  prohibit 
the  matrimonial  contract  and  annul  it  if  attempted,  and 
those  that  merely  prohibit  it,  but  if  contracted,  although 
unlawfully,  yet  becomes  binding  and  obligatory  in  con- 
science. The  knowledge  of  them  being  of  the  highest 
importance  to  the  persons  called  to  the  matrimonial 
state,  and  showing  likewise  the  wisdom  of  the  church 
on  this  most  interesting  subject,  we  cannot  forbear  men- 
tioning them.  They  are  contained  in  the  following 
verses : 

"  Error,  conditio,  votum,  cognatio,  crimen, 
"  Cultus  disparitas,  vis,  ordo  ligainen,  honestas, 
"  Amens,  affinis,  si  clandestinus,  et  impos, 
"  Si  mulier  sit  rapta  loco  nee  reddita  tuto." 

These  forbid  marriage,  and   annul  it  if  attempted. 


81 

The  following  merely  forbid  it,  but  it  is  valid  if  <ion» 
tracted  ;  they  are  : 

"  EcclesEe  vetitum,  tempus,  sponsalla,  rotum." 

We  cannot  be  expected,  howevei-,  to  give  a  full 
explanation  of  these  impediments,  which  would  be  a 
tedious  work,  would  require  a  volume,  and  would  an- 
swer little  to  our  purpose ;  it  being  only  to  show  the 
wisdom  of  the  church  in  her  legislation,  and  to  cau- 
tion the  faithful  how  they  ought  to  proceed  prudently, 
and  always  with  advice  from  their  pastors,  in  matrimo- 
nial concerns. 

We  commence  with  those  impediments  wliich  annul 
the  mati'imonial  contract,  the  first  and  eleventh  of  which 
— namely.  Error  and  Insanity,  "  Error  et  Aniens  " — 
are  natural  impediments  for  want  of  consent ;  the  ninth, 
"  Ligamen"  that  is,  the  tie  of  matrimony  previously 
contracted,  still  existing,  of  divine  enactment ;  the 
eighth  and  fourteenth,  "  Vis  et  linpos"  force  and  vio- 
lence and  impotency  are  partly  natural  and  partly  eccle- 
siastical ;  the  fifth,  tenth,  and  thirteenth  are  purely 
ecclesiastical,  such  are  Crime,  Honesty,  and  Clandes- 
tinity,  "crimen,  honestas,  clandestinus  ;"  and  the  second, 
thu-d,  fourth,  sixth,  eighth,  twelfth,  and  fifteenth,  are 
also  indeed  ecclesiastical,  but  most  conformable  to  the 
natural  or  divine  law — that  is  to  say,  to  reason  and  rev- 
elation ;  such  are  Condition,  Vow,  Kindred,  "  conditio, 
votum,  cognatio"  Disparity  of  worship.  Order,  Affinity, 
"cultus  disparitas,  or  do  affinis  /"  and  finally.  Rape,  "  si 
midier  sit  rapta,"  etc. 

j^.  The  first  impediment  is  Error,  and  exists  whenever 
any  individual  marries  a  person  intending  to  marry  an- 
other ;  the  matrimony  is  null  for  want  of  consent. 


a2 


The  second  is  Condition,  which  means  the  state  or 
condition  of  slavery,  and  annuls  matrimony  when  a  free 
person  marries  a  slave  not  knowing  such  to  be  bond. 
The  church  annuls  this  matrimony,  as  a  free  and  full 
consent  cannot  be  supposed,  such  as  matrimony  requires. 
Hence  if  the  condition  of  slavery  be  known  by  the  free 
party,  the  matrimony  is  valid  and  good ;  since  nature 
has  given  to  every  one  the  right  to  select  the  companion 
for  life,  whether  free  or  bond,  unless  prohibited  by 
proper  authority  and  for  good  reasons,  which  the  church 
cannot  see  in  this  case. 

The  third  is  a  Vow ;  that  is  to  say,  a  solemn  and 
perpetual  vow  made  in  a  religious  community  approved 
by  the  church.  By  such  vow  a  person  binds  himself  to 
live  in  perpetual  celibacy,  in  order  to  be  more  "  solici- 
tous," as  St.  Paul  says  (1st  Cor.  c.  7,  v.  32),  "for  the 
things  that  belong  to  the  Lord,  how  he  may  please 
God."  As  such  vow  is  pleasing  to  God,  and  of  the 
highest  importance  for  the  persons  that  make  it  to  be 
faithful  to  the  engagement,  the  church,  both  to  prevent 
rashness  and  precipitation  in  making  it,  and  to  facilitate 
its  observance  after  being  made,  has  declared  a  matri- 
mony contracted  after  that,  unless  it  be  dispensed  with, 
null  and  void. 

The  fourth  is  Kindred,  or  Consanguinity.  The  canon 
law  distinguishes  three  different  kinds  of  relationship  or 
kindred :  the  first  proceeding  from  the  communication 
of  blood,  which  is  called  consanguinity  ;  the  second, 
from  the  office  of  godfather  or  godmother  in  baptism 
and  confirmation,  and  this  is  called  spiritual  kindred ; 
and  the  third  from  the  perfect  adoption  of  some  one 
as  a  son  or  daughter,  with  the  right   of  inheritance, 


33 


which  last  is  known  by  the  name  of  legal  kindred.  The 
first,  or  consanguinity,  annuls  matrimony  between  per- 
sons related  within  the  fourth  degree  of  kindred,  com- 
puting the  degrees  with  the  generations.  The  reasons 
which  the  church  has  in  establishing  this  impediment  are 
the  same  which  God  had  in  prohibiting  marriage  to  the 
Jews  within  certain  degrees  (Leviticus,  c.  18)  ;  such  as, 
for  example,  to  diffuse  the  bonds  of  amity,  friendship, 
and  relationship  amongst  strange  families,  uniting  them 
in  charity;  to  inspire  respect  and  avoid  unlawful  famil- 
iarity amongst  kindred,  entertaining  no  hope  of  mar- 
riage amongst  them  ;  the  perfecting  of  the  human  race, 
both  in  its  corporeal  and  mental  faculties,  to  which  the 
mixture  of  blood  greatly  contributes,  whilst  the  contrary 
practice  gradually  enervates  them.  (This,  young  peo- 
ple who  intend  to  marry,  should  bear  in  mind.)  Here 
we  may  observe  what  divines  affirm,  that  kindred  in 
direct  line  hinders  matrimony  in  any  degree  whatever  ; 
and  even  nature  abhors  it,  at  least  in  the  first  degree, 
both  direct  and  collateral  line  ;  and  hence  they  say  that 
within  said  degree  it  is  a  natural  impediment,  in  which 
therefore  the  church  has  never  dispense(S 

The  spiritual  kindred,  resulting  from  baptism  and 
confirmation,  is  an  impediment  established  by  the 
church,  and  annuls  matrimony  between  the  godfather 
or  godmother  and  the  godchild ;  and  between  the  same 
godfather  or  godmother  and  the  father  or  mother  of  the 
godchild.  The  godfathers  taking  the  place  of  parents 
with  respect  to  their  godchildren,  in  the  spiritual  order, 
to  instruct  them  in  the  things  concerning  their  salvation, 
most  wisely  the  church  has  established  the  impediment 
to  prevent  all  dangers  of  temptation  in  the  fulfillment  of 
2* 


34 


their  duty,  removing  from  them  the  hope  of  a  future 
matrimony.  The  same  impediment  exists  between  the 
person  that  administers  baptism  or  confirmation  and  the 
person  baptized  or  confirmed  and  their  parents,  as  the 
spiritual  kindred  extends  also  to  them. 

For  the  same  reasons  above  stated,  the  church  has 
also  established  the  impediment  of  legal  kindred,  and 
annuls  the  matrimony,  in  direct  line,  between  the  adop- 
ter and  adopted  and  the  children  of  the  adopted  to  the 
fourth  generation ;  in  the  collateral  line,  between  th» 
adopted  and  the  children  of  the  adopter  only  whilst  the 
{.doption  perseveres;  and  by  afiinity, between  the  adop- 
ter and  the  wife  of  the  adopted,  and,  vice  versa,  between 
the  wife  of  the  adopter  and  the  adopted. 

The  fifth  impediment  is  Crime  ;  namely,  the  crime  of 
murder,  of  adultery,  and  of  both  murder  and  adultery, 
annul  matrimony  in  the  following  cases  :  The  crime  of 
murdering  the  wife  or  the  husband  being  agreed  upon 
with  a  third  person,  with  the  intention  of  marrying 
afterwards,  annuls  the  projected  matrimony  if  the  mur- 
der be  committed;  the  crime  of  adultery  committed 
with  a  promise  of  marriage  after  the  death  of  the  hus- 
band, or  of  the  wife  of  either  of  the  parties,  annuls  also 
the  promised  matrimony,  when  both  the  adultery  and 
promise  have  occurred  during  the  same  first  marriage  ; 
likewise  a  second  matx-imony  contracted  during  the  life 
of  one's  husband  or  wife,  not  only  is  null,  but  it  renders 
the  persons  who  attempted  the  marriage  unfit  to  marry 
even  after  the  death  of  the  first  companion,  provided 
that  both  knew  the  first  husband  or  wife  to  be  still  alive. 
Finally,  the  two  crimes  of  murder  and  adultery  occur 
when  either  the  adulterer  murders  the  husband  of  the 


35 


adulteress,  or  the  adulteress  kills  the  wife  of  the  adul- 
terer, with  the  intention  of  contracting  matrimony  after- 
wards ;  they  cannot  marry,  and  if  they  attempt  it,  their 
matrimony  is  null  and  void.  The  wisdom  of  the  church 
establishing  this  impediment  is  evident,  the  object  being 
to  protect  fidelity  amongst  mai'ried  people  and  prevent 
crime. 

The  sixth  impediment,  Disparity  of  TTorship,  is  that 
which  annuls  matrimony  between  two  persons,  the  one 
baptized  and  the  other  unbaptized,  already  forbidden  by 
the  Apostle,  saying,  "  Bear  not  the  yoke  together  with 
unbelievers"  (2d  Cor.  c.  6,  v.  14),  of  which  we  shall 
have  occasion  to  speak  afterwards. 

The  seventh  is  Force  or  Violence,  which  if  it  be  such 
as  to  deprive  a  person  altogether  of  liberty,  is  a  natural 
impediment ;  but  it  is  an  ecclesiastical  impediment  when 
it  is  such  as  to  affect  a  person  with  a  grievous  fear, 
caused  by  a  free  agent,  unjustly,  in  order  to  obtain  the 
consent ;  this  annuls  matrimony,  as  an  onerous  contract 
of  such  importance  demands  freedom  and  full  consent  j 
for  the  protection  of  which  the  church  established  said 
impediment;  and,  moreover,  she  forbids  all  persons, 
even  masters  and  magistrates,  whether  directly  or  indi- 
rectly, to  force  in  any  way  their  subjects  to  contract 
matrimony,  under  the  pain  of  excommunication,  which 
they  incur  by  the  very  fact.  (Council  of  Trent,  Sess. 
24,  Chap.  9.) 

The  eighth  is  Order  ;  namely,  the  Sacred  Order,  by 
which  a  Levite  consecrates  himself  irrevocably  to  the 
service  of  the  ministry,  as  we  said  of  the  vow,  to  be 
more  free  to  attend  to  the  things  of  God. 

The  ninth  is  "  Ligamen,"  a  previous  matrimony  val- 


\ 


36 


idly  contracted.  As  we  have  said,  this  is  of  divine 
institution,  the  tie  being  perpetual. 

The  tenth.  Public  Honesty.  This  has  been  estab- 
lished by  the  church  for  the  reasons  conveyed  by  the 
very  name,  and  already  explained,  speaking  of  consan- 
guinity ;  and  springs  from  two  sources,  namely,  from 
espousals  or  a  lawful  contract  of  a  future  matrimony, 
and  from  matrimony  contracted  but  not  consummated. 
The  first  annuls  the  matrimony  contracted  by  one  of  the 
sponsors  with  the  relatives  of  the  other  within  the  first 
degree  of  consanguinity,  that  is  to  say,  with  the  father 
or  mother,  and  with  the  brother  or  sister  ;  and  the  sec- 
ond annuls  the  same  within  the  fourth  degree,  even 
should  the  first  matrimony  contracted  and  not  consum- 
mated be  null,  with  the  only  exception  that  such  nullity 
were  for  want  of  consent. 

The  eleventh  is  Insanity.  Nature  renders  insane 
persons  incapable  to  contract,  except  they  had  intervals 
of  reason,  during  which  they  could  contract  matrimony 
— this  being  not  prohibited  by  the  church. 

The  twelfth,  Affinity ;  which  is  the  kindred  resulting 
from  the  mutual  intercourse  of  both  sexes,  each  of 
whom  contracts  affinity  with  the  relatives,  by  blood  or 
consanguinity,  of  the  other.  The  said  intercourse  may 
be  lawful  when  in  lawful  marriage,  or  unlawful ;  in  the 
first  case  it  annuls  matrimony  within  the  fourth  degree, 
and  in  the  second  within  the  second  only,  computing  the 
degrees  of  affinity  by  those  of  consanguinity.  By 
mutual  intercourse,  although  unlawful,  man  and  woman 
are  made  one  flesh,  according  to  the  doctrine  of  Saint 
Paul,  "  He  who  adheres  to  a  harlot  is  made  one  body." 
(1st  Cor.^c.  6,  V.  16.)     Hence  the  degree  of  consan- 


37 

guinity  on  one  side  forms  the  degree  of  affinity  on  the 
other.  This  impediment,  within  certain  degrees,  was 
established  by  God  himself  for  the  Jews  (Leviticus,  c. 
18)  ;  but,  as  we  observed  before,  such  is  no  more  bind- 
ing to  Christians ;  therefore  the  impediment  is  ecclesi- 
astical, the  same  reasons  guiding  the  church  in  estab- 
lishing it  which  God  had  of  old  for  his  people. 

The  thirteenth  impediment  is  Clandestinity,  of  which 
we  shall  have  occasion  to  speak  afterwards  ;  and  there- 
fore, it  will  be  sufficient  for  the  present  to  declare  in 
what  it  consists,  quoting  the  words  of  the  Council  of 
Trent,  by  which  the  said  impediment  is  established,  and 
which  is  of  obligation  wheresoever  the  same  has  been 
published,  as  is  the  case  in  California :  "  Whosoever 
will  attempt  to  contract  matrimony  otherwise  than  in 
presence  of  the  proper  pastor,  or  some  other  priest  au- 
thorized by  the  said  pastor,  or  by  the  ordmary  and  two 
or  three  witnesses,  such  the  Holy  Synod  renders  wholly 
incapable  of  contracting,  and  declares  such  contracts 
null  and  void,  as  by  the  present  decree  annuls  and 
declares  them  void."  (Chap.  1,  Sess.  24.)  This  im- 
pediment was  most  wisely  established  by  the  Church  to 
protect  the  sanctity  of  the  matrimonial  contract,  and 
prevent  the  awful  evils  that  proceed  from  rash,  precipi- 
tate, unpremeditated  and  secret  engagements. 

The  fourteenth  impediment  is  that  of  Impotency, 
which  we  said  to  be  partly  natural,  partly  ecclesiastical. 
Perpetual  and  absolute  impotency,  or  incapacity  of  con- 
summating matrimony  is  a  natural  impediment  to  the 
marriage  state ;  relative  impotency  is  likewise  a  natural 
impediment,  but  only  with  regard  to  the  persons  in 
whose  respect  such  impotency  exists.     Children,  also, 

29108H 


38 


before  the  age  of  puberty,  which  for  males  is  the  age  of 
fourteen  years,  and  for  females  that  of  twelve,  are  inca- 
pable of  contracting  matrimony,  according  to  the  canon 
law ;  as  they  are  considered  incapable  to  consummate 
matrimony. 

The  fifteenth  and  last  of  the  impediments  that  annul 
matrimony,  is  Rape,  by  which  we  mean  the  violent  or 
forcible  withdrawal  of  a  Avoman  from  place  to  place, 
under  the  power  of  the  raptor,  for  the  purpose  of  con- 
tracting marriage  ;  whilst  the  woman  will  be  under  the 
control  and  powor  of  the  raptor,  although  she  might  wil- 
lingly consent,  they  cannot  contract  matrimony  ;  and  if 
they  do,  the  contract  will  be  null  and  void,  the  Church 
annulling  the  same  for  the  purpose  of  securing  the  lib- 
erty of  the  engagement.  To  contract  validly  it  is 
necessary  that  the  woman  be  removed  from  the  place 
and  out  of  the  power  of  the  raptor,  and  set  at  liberty. 

The  impediments  which  do  not  annul  the  contract  of 
matrimony,  but  render  it  unlawful,  are,  as  we  said 
before,  four,  namely :  "  Ecclesige  vetitura,  Tempus, 
Spousalia,  Votum."  The  Prohibition  of  the  Church, 
Time,  Sijousals,  and  Vow. 

The  Church  may  prohibit,  for  several  reasons,  the 
contracting  of  matrimony  for  a  while;  as  she  does 
sometimes  for  the  purpose  of  ascertaining  whether  there 
be  any  impediment  to  it  or  not;  and  also  to  comply  with 
certain  requirements  of  the  same  Church,  that  the  con- 
tracting parties  may  prepare  themselves  to  receive  wor- 
thily the  sacrament  and  the  fruits  thereof.  To  contract, 
therefore,  while  her  prohibition  stands,  is  sinful  and 
unlawful,  although  the  contract  will  stand.  This  will 
be  more  fully  understood  in  the  sequel,  as  also  why,  on 


39 


certain  times  she  prohibits  some  of  the  rites  aad  cere- 
monies of  the  christian  marriage,  as  unsuitable  to  the 
spirit  of  the  Church  under  certain  circumstances. 

Espousals,  or  the  promise  of  a  future  matrimony,  is 
an  obstacle  or  impediment  to  contract  matrimony  with 
any  other  besides  the  one  to  whom  the  promise  was 
made,  as  it  would  be  a  violation  or  a  breach  of  faith, 
and  therefore  unlawful,  unless  the  first  promise  were 
null  or  mutually  dissolved,  or  else,  not  binding  for  want 
of  fidelity  or  otherwise,  in  the  person  to  whom  the 
promise  was  made.  However,  matrimony  would  be 
valid  and  obligatory  if  contracted,  notwithstanding  such 
promise,  except  in  case  it  was  contracted  with  a  person 
in  the  first  degree  of  consanguinity  to  the  person  to 
whom  the  promise  bad  been  made,  as  we  said  before. 

Finally,  the  simple  vow  of  Chastity,  or  of  Cehbacy, 
or  of  entering  a  religious  life  ;  and  even  the  vow  which 
is  made  in  such  religious  communities,  who  make  simple 
vows,  not  solemn,  which,  as  we  have  said  before,  annul 
matrimony.  Such  simple  vows  render  matrimony  un- 
lawful, unless  dispensed  with  ;  but  if  it  were  contracted, 
the  matrimony  would  be  valid  and  good. 

Such  are  the  laws  of  the  Church  affecting  christian 
marriage,  and  rendering  it  either  null  and  void,  or  at 
least  unlawful ;  for  which  reason  they  are  justly  called 
Impediments.  The  Church  enacting  these  laws,  does 
not  intend  to  legislate  for  those  that  are  out  of  her  pale, 
as  we  said  before,  according  to  the  doctrine  of  Saint 
Paul ;  but  for  her  children.  Nevertheless,  her  laws 
bind  also,  those  who,  although  they  may  belong  to  other 
denominations,  have  received  christian  baptism  ;  since 
by  baptism,  when  validly  administered  to  them,  they 


40 


become  subjects  of  Jesus  Christ,  and  debtors  to  him  of 
the  whole  law ;  and  consequently  they  were  by  him 
placed  under  the  guidance  of  them  to  whom  Christ  con- 
fided his  authority,  saying :  "  As  the  Father  hath  sent 
me,  I  also  send  you  ;"  *  *  "  go,  and  teach  all  nations  ; 
baptising  them,  *  *  teaching  them  to  observe  all 
things  whatsoever  I  have  commanded  you,"  and  "  what- 
soever you  shall  bind  upon  earth,  shall  be  bound  also  in 
heaven."  (John,  c.  20,  v.  21 ;  Matt.  c.  28,  vv.  10,  20 ; 
Matt.  c.  18,  V.  18.)  The  Church,  however,  does  not 
intend  to  oblige  them  in  several  things,  especially  with 
regard  to  the  marriage  contract,  in  order  to  prevent  its 
invalidity,  and  thus  lessen  the  number  of  sins,  and  of 
even  material  transgressions  of  her  laws ;  but  they  can- 
not avoid  being  bound  by  the  laws  of  the  Church  when- 
ever they  are  willing  to  contract  marriage  with  a 
Catholic,  it  being  impossible  for  the  law  to  affect  one 
party  without  affecting  the  other.  The  Church  would 
prefer  not  to  have  anything  to  do  with  them,  and  let 
them  alone,  according  to  the  doctrine  of  the  Apostle  : 
*'  what  have  I  to  do  with  them  that  are  without  ?"  and 
therefore  she  forbids  Catholics  to  intermarry  with  them, 
as  it  was  of  old  forbidden  to  the  Jews  to  intermarry  with 
the  Gentiles.  But  according  to  the  power  which  she 
hath  received  from  God,  she  may  allow  such  marriages, 
under  certain  conditions  to  remove  the  dangers  which 
accompany  them,  and  she  does  really  allow  them  when- 
ever the  present  state  of  society,  or  mixed  up  popula- 
tion seems  to  require  it ;  as  it  is  now  in  this  our  country, 
and  generally  throughout  the  United  States  ;  but  always 
under  certain  conditions  and  her  previous  dispensation, 
without  which  a  Catholic  would  sin  mortally  by  marry- 


41 


ing  any  one  else  but  a  Catholic ;  and  the  matrimony 
even,  would  be  null  and  void,  if  contracted  with  an  un- 
baptized  person ;  or  if  baptized,  with  some  of  those 
impediments  above  mentioned,  which  the  Church  has 
declared  to  annul  the  matrimonial  contract. 

The  Church  forbidding  Catholics  to  intermarry  with 
any  but  Cathohcs,  follows  the  doctrine  of  the  Apostles? 
which  no  doubt,  they  learned  from  our  Lord  himself. 
If  question  be  of  unbaptized  persons,  we  have  the  pro- 
hibition of  Saint  Paul,  who  writing  to  the  Corinthians, 
speaking  of  marriage,  says :  "  Bear  not  the  yoke  together 
with  unbelievers ;  for  what  participation  hath  justice 
with  injustice?  or  what  fellowship  hath  light  with  dark- 
ness ?  and  what  concord  hath  Christ  with  Belial  ?  or 
what  part  hath  the  faithful  with  the  unbeliever  ?"  (2d 
Ep.  c.  6,  vv.  14,  15.)  And  if  of  baptized  persons,  but 
that  abandoned  the  ancient  faith,  and  did  not  continue 
in  the  doctrine  of  Christ,  the  bloved  disciple  of  our 
Lord  says  (2d  Ep.  c.  — ,  vv.  10,  11)  :  "If  any  man 
come  to  you,  and  bring  not  this  doctrine,  receive  him  not 
into  the  house,  nor  say  to  him,  God  save  you ;  for  he 
that  saith  to  him  God  save  you,  communicateth  with  his 
wicked  works."  Far  be  from  us  the  blasphemous 
thought  that  the  Apostle  of  Charity,  whom  Jesus  loved, 
forbids  by  divine  inspiration,  the  chai'itable  intercourse 
and  friendly  dealings  which  we  owe  to  all  men  ;  but  he 
merely  admonishes  the  faithful  in  general  of  the  dan- 
gers which  may  arise  from  a  familiarity  with  those  who 
have  gone  from  the  true  faith,  whose  speech,  as  Saint 
Paul  says  :  "  spreadeth  like  a  cancer  "  (2d  Tim.  c.  2,  v. 
17),  lest  they  might  subvert  "  the  faith  of  some."  (Same 
18.)     Although  this  could  not  be  applied,  consistently 


42 


with  charity,  to  every  case  in  particular;  as  on  the 
contrary,  there  are  many  honest,  generous,  unpreju- 
diced, and  liberal  minds  amongst  them  that  are  out  of 
Catholicity ;  and  even  not  a  few  who  are  better  than 
the  Catholics  themselves,  as  we  are  obliged,  to  our 
shame,  to  confess ;  as  also  did  Saint  Paul  when  com- 
plaining of  a  sin  amongst  the  faithful  Corinthians,  un- 
heard of  even  "  among  the  Gentiles."  (1st  Ep.  c.  5,  v. 
1.)  Still,  this  cannot  altogether  destroy  the  dangers 
which  the  beloved  disciple  foresaw,  and  which  unhappily 
too  often  result  from  said  familiarity  ;  which,  therefore, 
the  Church  reasonably  apprehends,  and  justify  her  in 
forbidding  such  marriages,  unless  contracted  under  cer- 
tain conditions,  to  protect  the  faith  of  the  Catholic  party, 
and  that  of  her  offspring.  Is  it  not  just  that  the  Church 
should  protect  the  faith  of  her  children  ?  And  would 
she  not  cease  to  be  the  true  spouse  of  Jesus  Christ,  if 
she  neglected  the  care  and  solicitude  of  her  flock  .-' 

The  conditions,  then,  prescribed  by  the  Church,  be- 
sides the  dispensation  of  her  law  prohibiting  such  alli- 
ances, are  to  the  effect  of  securing,  first,  "  the  free 
exercise  of  the  Catholic  religion  to  the  Catholic  party ;" 
and  secondly,  "  the  Catholic  education  of  the  children  of 
such  marriages,  both  male  and  female."  The  first  of 
these  conditions  is  eminently  just,  by  what  we  have 
already  said  concerning  the  care  and  solicitude  that  the 
Church  must  have  as  a  tender  mother,  for  the  welfare 
and  eternal  salvation  of  her  children,  and  the  preserva- 
tion of  their  faith,  without  which,  as  Saint  Paul  says: 
"It  is  impossible  to  please  God:"  Heb.  c.  11,  v.  6.) 
The  second  is  not  less  evidently  just,  since  the  very 
nature  of  matrimony,  as  an  institution  of  God,  impera- 


43 

tively  demands,  if  there  be  children,  that  they  be  raised 
in  the  knowledge  and  fear  of  God ;  and  consequently 
educated  in  the  true  religion  of  the  Crucified  ;  and  such 
does  the  Catholic  Church  know,  as  certain  as  God  can- 
not lie,  that  she  is.      The  very  least,  then,  that  the 
Church  can  require  from  the  non-Catholic  party,  is  a 
formal  and  solemn  promise  to  that  effect,  without  which 
she  has  never,  and  we  dare  say,  she  shall  never,  nor  can 
she  ever  dispense.     Nor  can  any  Catholic,  therefore,  at 
any  time,  or  under  any  circumstances  whatever,  contract 
such  marriage  with  a  person  not  Catholic,  regardless  of 
the    above  said  dispensation  and    promise,   without  a 
o-rievous  crime  of  disobedience  to  the   Church,  and  ex- 
posing  himself  rashly  to  the  danger,  both  of  losing  his 
faith  and  that  of  his  children,  and  incurring  the  anathe- 
mas of  the  Church,  it  being  in  several  dioceses  prohib- 
ited under  pain  of  excommunication,  (as  in  the  Diocese 
of  Monterey  aud  Los  Angeles)  ;  especially  if  said  mar- 
riage were  contracted  before  any  minister  of  religion  of 
any  other  denomination  but  Catholic,  which  is  most  se- 
verely forbidden  by  the  Church ;  and  in  some  dioceses 
(as  in  the  above  said,  of  Monterey  and  Los  Angeles) 
excommunication  is  incurred  by  the   very  fact.     The 
matrimony,  however,  would  be  binding  and  obligatory, 
except  the  case  in  which  the  party  not  Catholic  were 
unbaptized  ;  or  if  baptized,  there  existed  between  them 
any  of  those  impediments  above  mentioned,  which  the 
Church  has  declared  to  render  matrimony  null  and  void, 
as  we  observed  before. 

According  to  the  above  said  doctrine,  it  appears  evi- 
dent, that  it  is  of  the  highest  importance  for  the  con- 
tracting parties,  especially  for  the  Catholic  ones,  before 


44 


engaging  in  such  marriages,  in  order  not  to  expose 
themselves  to  the  danger  of  disappointment,  to  apply 
in  time  to  the  Church  for  dispensation  and  direction ; 
that  all  things  being  done  in  order,  they  may  draw  upon 
themselves  God's  blessing,  of  which  they  stand  so  much 
in  need  to  discharge  faithfully  the  arduous  duties  of  the 
matrimonial  state  ;  for,  what  benefit  could  a  Protestant, 
or  any  other  not  Catholic,  expect  from  taking  as  his  or 
her  inseparable  companion  for  life,  a  Catholic,  who, 
regardless  of  the  most  sacred  laws  of  the  Church,  would 
dare  to  trample  under  foot  the  institutions  of  his  or  her 
professed  religion  ?  What  kind  of  affection,  love,  and 
respect,  could  he  promise  to  himself,  from  one  who  thus 
disdains  her  God,  her  Church,  and  its  Ministers,  and 
even  her  own  soul  ?  Oh  !  unhappy  Catholic  who  thus 
sneers  at  his  God  ;  for  unless  he  repent  and  do  penance 
for  such  sinful  and  foolish  act,  a  day  will  come  in  which 
his  despised  Lord  and  Judge  shall  tell  him  in  his  turn, 
"you  have  despised  all  my  counsel,  and  have  neglected 
my  reprehension  ;  I  also  will  laugh  in  your  destruction." 
(Prov.  c.  1,  vv.  25,  26.) 

We  say,  then,  that  for  the  Catholic  party,  especially, 
it  is  of  the  highest  importance  to  proceed  with  prudence 
and  caution  before  engaging  in  such  mixed  marriages, 
as  his  faith  and  perseverance  is  apt  to  be  exposed  to  the 
severest  trials,  notwithstanding  the  dispensation  of  the 
church,  and  the  promise  of  the  other  party  not  Catholic, 
to  the  effect  of  securing  the  free  exercise  of  his  religion 
and  that  of  the  children.  This  danger  has  often  proved 
fatal  to  the  soul ;  and  as  the  same  proceeds  from  the 
very  nature  of  the  matrimonial  contract,  whose  tie  is 
perpetual  and  indissoluble,  for  this  i*eason  the  Catholic 


45 


church  has  always  abhorred  and  detested  the  said  mix- 
ed mai-riages,  and  prohibited  them,  as  we  have  shown, 
they  being  prejudicial  to  Christianity.  And  in  fact, 
except  the  case  in  which  the  Catholic  succeeds  in  con- 
verting his  companion  to  the  Catholic  faith  and  its  prac- 
tice, which  he  is  bound  to  procure,  both  by  word  and 
example,  what  will  be  the  effects  produced  by  these 
marriages  with  regard  to  the  faith  and  morals  of  the 
Catholic  party  and  children  ?  We  know  that  many  a 
Catholic  lady  married  to  a  Protestant  or  even  Infidel 
gentleman  (and  vice  versa),  who  are  models  of  piety  in 
the  practice  of  their  religion ;  whose  husbands,  rather 
than  put  any  obstacle  in  their  way,  encourage  them ; 
affording  them  besides  every  facility  to  promote  the 
Catholic  education  of  their  children,  faithful  to  the 
promise  they  made  when  they  were  married.  But  even 
in  this  case,  what  will  be  the  effects  produced,  both  to 
the  wife  and  children,  by  the  zeal  of  the  father,  unsup- 
ported by  example  ?  Will  he  be  able  to  persuade  them 
of  the  necessity  of  the  Catholic  faith  and  its  practice, 
he  himself  remaining  outside  of  it  ?  Can  it  be  reason- 
ably supposed  that  even  his  dearest  ones  will  follow 
rather  the  way  and  the  faith  of  the  mother  than  that  of 
their  father  ?  And  if  he  were  willing  to  insist,  would 
they  not  be  justified  in  saying  to  him :  "Physician,  heal 
thyself?"  (Luke,  c.  4,  v.  24.)  And  should  the  pious 
mother  succeed  in  raising  her  beloved  children  in  the 
bosom  of  the  Catholic  church,  shall  she  not  suffer  the 
anguish  and  pain  of  seeing  some  of  them,  when  gi'own, 
following  the  example  of  their  father,  abandon  the  faith 
which  they  had  embraced  in  their  infancy  ?  and  thus 
perhaps  introduce  into  the  same  family  with  the  differ- 


46 

ence  of  belief  and  of  religion  that  of  discord  and  of  infi- 
delity ?     Oh !  would  to  God,  that  the  pious  and  virtuous 
mother  may  not  see  in  her  old  age  some  of  her  dearest 
ones  to  sneer  and  laugh  at  her  own  faith  and  religion  ! 
The  fact  is,  that  from  such  mixed  marriages,  even  the 
most  fortunate  ones,  proceed  infidel  children ;  neither 
Catholics  nor  Protestants ;  loving  no  religion  at  all,  if 
not  hating  every  religion.     If  such  be  the  case  in  these 
marriages,  contracted  even  under  the  best  auspices,  what 
must  be  the  unhappy  lot  of  a  Catholic  marrying  one, 
who,  faithless  to  the  promise  made,  as  not  seldom  is  the 
case,  becomes,  not  so  much  his  opponent,  as  his  tyrant 
and  persecutor  on  account  of  his  faith,  unless  he  have 
the  virtue  of  a  Saint  to  suffer  a  protracted  martyrdom ! 
We  may  be  told,  that  to  the  same  dangers  might  be 
exposed  a  Catholic  marrying  another  Catholic.     It  is 
true,  if  question  be  of  a  Catholic  who  lost  his  faith — an 
impious"  Catholic,  who  is  still  worse  than  an  infidel ;  and 
therefore  what  we  said  above  is  equally  applicable  to 
the  case.     Since  we  speak  of  the  dangers  and  trials  to 
which   the  faith  of  the  Catholic  party  and  that  of  the 
children  may  be   exposed — for  want  of  faith  and  dis- 
crepancy of  religion  in  the   married    couple — besides 
which,  there  are  other  dangers  resulting  from  the  want 
of  good  morals,  in  either  of  the   contracting  parties, 
which  may  be  equally  found  in  a  Protestant  and  in  a 
Catholic — as  well  in  a  non-professing  Catholic  as  in  an 
Infidel — whether  baptized  or  unbaptized.  This  increases 
the  necessity  of  being  on   the   alert,  when   question  is 
of  making  selection  of  a  companion  for  life,  and  not  to 
be  led  by  impetuous  passion,  but  by  reason  and  faith. 
In  these  mixed  marriages  the  church  dispenses  with 


47 


all  the  sacred  ceremonial  rites,  not  only  for  the  sake  of 
the  non-Catholic  party,  from  whom  she  does  not  wish  to 
force  any  external  act  contrary  to  conscientious  convic- 
tions ;  but  also  in  behalf  of  the  Catholic  party,  she  wishes 
to  have  the  same  contracted  under  her  protection,  rep- 
resented by  the  Catholic  Priest.  She  forbids  even  the 
Clergyman  to  perform  any  sacred  rite  in  these  mar- 
riages, both  in  order  not  to  appear  to  approve  them — 
for  she  rather  tolerates  than  approves  them,  for  the  rea- 
sons above  said ;  and  also  in  oi'der  not  to  cooperate 
in  any  way  to  the  profanation  of  the  Sacrament,  in  case 
that  the  not  Catholic  party  be  not  well  disposed,  as  it 
is  justly  supposed,  to  receive  the  grace  of  the  same ; 
whether  for  want  of  good  faith  in  his  religious  belief,  or 
for  want  of  conviction  that  Matrimony  under  the  Chris- 
tian Dispensation  is  one  of  the  seven  sacraments  estab- 
lished by  our  Lord  Jesus  Christ.  We  may  be  asked, 
is  then  Matrimony  a  sacrament,  when  contracted  be- 
tween a  Catholic  and  non-Catholic  ?  "We  must  answer 
with  distinction  ;  either  the  uon- Catholic  party  has  been 
baptized  or  not ;  certainly  it  cannot  be  a  sacrament  for 
the  non-Catholic,  if  he  has  not  been  baptized;  as  bap- 
tism is  the  door  by  which  one  enters  into  the  sanc- 
tuary of  the  church,  becomes  a  member  of  the  mys- 
tical body  of  our  Lord,  and  a  child  of  God ;  and  as 
such  he  is  made  partaker  of  the  pastures  which  Jesus 
Christ  left  for  his  children  in  the  sacrament,  in  which 
he  cannot  partake  who  is  unbaptized ;  but  if  the  non- 
Catholic  party  be  validly  baptized,  whosoever  he  may 
be  that  administered  it,  and  in  whatsoever  denomination 
of  Christians  he  may  have  received  the  same,  as  there 
is  but  "  one  Lord,  one  faith,  one  baptism,  one  God  and 


48 

the  Father  of  all "   (Eph.  c.  4,  vv.  5,   6)  ;  moreover, 
whether  it  be  Peter  or  Paul,  John  or  Judas,  who  ad- 
ministers Christian  baptism  ;  even  more,  whether  it  be 
a  male  or  a  female   who  performs  this  rite,  it  is  the 
same  as  to  its  validity,  because  it  is  Christ  himself  who 
baptizes,  "  He  it  is  that  baptizeth  with  the  Holy  Ghost," 
says  Saint  John  (c.  1,  v.  33)  ;  therefore,  such  a  one  by 
baptism  became  a  member  of  the  Christian  family,  and 
consequently  capable  to  receive  all  the  sacraments  of 
the  church,  as  to  their  validity — matrimony  included. 
Still  something  else  is  required  on  their  part  to  receive 
the  sacraments,  when  they  attain  to  the  use  of  reason, 
which  is  the  intention  of  receiving  them.    If  said  inten- 
tion be  not  wanting,  certainly  they  receive  the  sacra- 
ment of  matrimony  ;  but  if  they  do  not  intend  to  receive 
the  sacrament  of  matrimony,  whether  it  be  because  they 
do  not  believe  it  to  be  a  sacrament,  or  for  some  other 
reason.    In  such  case  theologians  are  divided,  some  say- 
ing that  they  do  not  receive  the  sacrament ;  but  others, 
even  more  probably  think,  that  they  always  receive  the 
sacrament,  whether  they  intend  or  not,  provided  both  be 
baptized,  and  intend  seriously  to  perform  the  matrimonial 
contract,  since  this  very  contract,  as  we  said  above,  was 
raised  by  our  Lord  unto  the  dignity  of  a  sacrament 
amongst   Christians ;  and  consequently,  the   sacrament 
being  inseparable  from  the  matrimonial  contract,  when- 
ever this  matrimonial  contract  is  validly  performed,  there 
is  also  the  Sacrament  of  Matrimony  amongst  baptized 
persons. 

As  for  the  Catholic  party,  in  these  mixed  marriages. 
Divines  incline  in  favor  of  considering  it  always  a  sacra- 
ment, at  least,  when  both  parties  have  been  baptized ; 


49 

and  hence  the  Catholic  is  bound  to  prepare  himself  to 
receive  the  grace,  which  is  annexed  to  the  sacrament, 
and  which  it  never  fails  to  produce,  when  received  with 
proper  dispositions.  What  is  the  preparation  required 
from  a  Catholic,  or  what  dispositions  must  he  have  not 
merely  not  to  profane  the  sacrament,  but  also  to  receive 
its  fruits,  we  proceed  now  to  examine  —  referring  to 
the  laws  of  the  church  regulating  the  Christian  mar- 
riage, when  contracted  by  two  Catholics. 

These  laws  either  command  something  previous  to 
the  matrimonial  engagement  or  accompanying  the  same, 
or  even  subsequent  to  it.  In  other  words,  the  church 
commands  some  things  to  be  observed  before  marriage, 
others  in  the  time  of  marriage,  and  some  others  after 
the  marriage  is  contracted.  The  first  are  intended  by 
way  of  preparation  ;  the  second  of  conseci'ation ;  and 
the  last  perfection ;  and  they  teach  the  contracting  par- 
ties how  they  are  to  prepare  themselves  to  receive  the 
grace  of  the  sacrament ;  that  they  are  to  receive  it  with 
the  utmost  reverence  and  devotion ;  and  finally,  that 
they  have  to  endeavor  to  preserve  the  fruits  thereof. 
Before  marriage  the  church  commands  the  bans  of  mat- 
rimony to  be  published  three  successive  Sundays  or  fes- 
tival days  in  the  parochial  church,  of  those  that  intend 
to  be  married ;  entreating  them  meanwhile  to  prepare 
themselves,  by  approaching  the  holy  sacraments  of  Pen- 
ance and  Holy  Eucharist.  In  the  time  of  marriage  she 
commands  the  contracting  parties  to  contract  the  same 
in  the  presence  of  the  proper  Pastor,  or  of  another 
Priest,  authorized  by  said  Pastor,  or  the  Bishop,  who  is 
to  confirm  their  contract,  and  sanctify  it,  by  imploring 
upon  them,  and  granting  to  them  God's  holy  benediction. 
3 


50 


And^  finally,  aftei'  matrimony  has  been  contracted,  she 
anxiously  wishes  to  implore  for  them,  at  the  most  Holy 
Sacrifice  of  the  Mass,  all  those  temporal  and  spiritual 
blessings,  of  which  they  stand  so  much  in  need,  to  com- 
ply faithfully  with  the  duties  of  the  married  state,  and 
that  they  may  find  therein  the  happy  fruits  of  domestic 
peace  and  everlasting  enjoyment ;  and  therefore  she 
imposes  on  them  the  duty  on  certain  days  and  occasions 
to  assist,  after  the  ceremony  of  matrimony,  at  the  Holy 
Sacrifice  of  the  Mass  for  the  performance  of  this  rite. 

In  the  first  place,  the  church  commands  the  bans  of 
matrimony  to  be  published  before  marriage  can  be  con- 
tracted ;  and  this  she  does  for  very  wise  and  weighty 
reasons.  First,  to  discover  whether  there  be  any  imped- 
iment to  the  proposed  marriage ;  and  secondly,  to  obtain 
God's  grace  in  behalf  of  the  couple  to  be  married  through 
the  prayers  of  the  Congregation,  It  is  of  the  highest 
importance  to  the  contracting  parties  to  know  and  dis- 
cover whether  there  be  or  not  any  impediment  to  the 
intended  marriage  which  would  render  it  null  and  void, 
and  a  mere  palliated  concubinage ;  and  as  there  might 
be  some,  which  it  is  impossible  for  them  to  know,  on 
account  of  its  secrecy,  unless  discovered  by  others,  so 
the  church  by  this  means  takes  the  most  efiicacious  step 
to  secure  the  interested  parties  in  this  respect,  com- 
manding, under  pain  of  mortal  sin  and  even  excommu- 
nication, all  and  every  Catholic  who  may  know  any  of 
these  impediments  (except  such  as  may  be  known  only 
under  natural  secrecy,  or  by  reason  of  professional  du- 
ties, Avhich  are  not  subject  to  denunciation),  to  discover 
them  to  the  Pastor,  that  proper  means  may  be  taken 
either  to  stop  the  marriage  or  to  obtain  beforehand  the 


61 

proper  dispensation.  Thus  the  church,  as  a  solicitous 
Mother,  secures  the  honor  of  the  contracting  parties  and 
that  of  their  families,  as  well  as  that  of  the  matrimonial 
engagement,  which  is  called  by  Saint  Paul  "honorable" 
(Heb.  c.  13,  V.  4).  By  this  any  one  can  easily  perceive 
how  great  folly  it  is  for  the  contracting  parties  to  pre- 
sent objections  to  the  observance  of  this  wise  law  of  the 
church,  which  places  them  on  secure  ground  in  making 
the  most  important  of  all  contracts.  Oh !  how  many 
an  honorable  young  lady,  by  neglecting  the  said  wise 
prescription,  contrary  to  the  will  of  her  Pastor,  from 
whom  she  forced  a  dispensation,  often  for  no  other  rea- 
son than  to  avoid  having  her  name  mentioned  in  the 
church,  has  afterwards  discovered  with  anguish,  bitter- 
ness, and  despair,  that  the  object  of  her  affection  had 
given  his  previously  to  another !  It  is  in  order  to  pre- 
vent such  calamities  that  the  church  recommends  to  her 
Pastors  seldom  to  dispense  with  the  matrimonial  bans, 
and  then  only  for  just  and  very  grievous  reasons.  If 
Catholics  were  to  understand  well  their  interests,  rather 
than  solicit  any  dispensation  on  this  point,  they  would 
urge  having  said  laws  rigorously  enforced  in  their  re- 
gard ;  and  this,  not  only  to  prevent  disappointment,  but 
even  to  obtain  the  prayers  of  the  faithful.  The  other 
reason  for  which  the  church  commands  the  bans  of  mat- 
rimony to  be  published : 

Society  at  large  is  greatly  interested  in  matrimonial 
contracts,  but  especially  Christian  society.  All  legisla- 
tors have  recognized,  with  the  church,  which  has  been 
commanded  to  civilize  the  world  by  the  preaching  of 
the  gospel,  that  the  well-being  and  harmony  of  a  nation, 
or  even  of  society,  as  we  observed  elsewhere,  greatly 


62 

depends  on  the  well-regulated  family,  the  result  of  mat- 
rimonial contract,  as  the  collection  of  these  small  socie- 
ties forms  what  we  call  a  nation,  or  society  ;  hence  the 
zeal  of  the  church  in  enacting  laws  to  x-egulate  the  Chris- 
tian marriage,  as  she  is  the  only  competent  Legislator, 
who  can  fully  comprehend  God's  holy  requirements  in 
this  respect,  the  Christian  marriage  being,  as  we  proved 
before,  one  of  the  seven  sacraments  of  the  new  law, 
whose  dispensation  has  been  confided  to  her  by  our 
Lord.  The  church,  therefore,  well  aware  of  the  im- 
portance of  matrimony  for  the  good  of  society,  and  espe- 
cially for  that  of  Christian  society,  she  not  only  prays 
but  recommends  all  her  children  to  pray  for  such  as 
have  been  called  to  the  marriage  state,  and  are  about 
engaging  in  it,  that  God  may  vouchsafe  to  direct  all 
their  proceedings  to  the  greatest  glory  and  the  welfare 
of  Christianity.  It  is  for  this  same  reason  that  the 
church  entreats  the  contracting  parties,  whilst  the  bans 
of  matrimony  are  being  published,  to  prepare  themselves 
for  the  reception  of  this  sacrament,  approaching  worthily 
the  holy  sacraments  of  Penance  and  Holy  Communion, 
that  their  souls  being  thus  purified  from  the  stain  of 
mortal  sin,  and  fortified  with  the  Body  and  Blood  of  our 
Lord  Jesus  Christ,  they  may  render  themselves  worthy 
of  that  supernatural  love  which  will  enable  them  to  be 
mutually  assiduous  and  diligent  in  complying  with  each 
other's  wish,  seeking  each  other's  comfort,  and  bearing 
the  mutual  yoke  with  gladness  and  edification, — the 
proper  fruits  of  the  sacramental  grace  attached  by  our 
Lord,  through  the  merits  of  his  passion  and  death,  to 
matrimony  under  the  Christian  dispensation. 

Although  the  minister  of  the  sacrament  of  matrimony 


53 


be  not  the  priest,  but  the  contracting  parties  themselves, 
according  to  the  teaching  of  the  Catholic  church,  which 
is  an  additional  reason  for  them  to  receive  before  the 
sacraments  of  penance  and  holy  eucharist,  still  the 
church  has  at  all  times  enjoined  upon  the  faithful  the 
duty  of  receiving  the  sacrament  of  matrimony  under 
the  protection  of  the  church,  represented  by  her  minis- 
ter, the  proper  pastor  of  the  contracting  parties,  who  is 
to  ratify  the  matrimonial  contract,  imploring  and  impart- 
ing unto  them  God's  holy  benediction  ;  and  impelled  by 
the  weightiest  reasons,  she  has  enjoined  this  wherever 
the  Council  of  Trent  has  been  published,  as  it  is  in  our 
State  (California),  not  only  under  the  pain  of  mortal 
sin,  but  she  has  even  declared  tlie  matrimonial  contract 
null  and  void  whenever  attempted  in  places  where  there 
is  a  parish  priest  resident,  to  whom  they  may  have 
recourse  conveniently.  However,  Catholics  who  live 
in  places  or  counties  remote  from  the  church  and  far 
from  the  priest's  residence,  as  for  example  those  who 
reside  in  the  interior  of  the  State,  or  to  whom  it  would 
be  almost  impossible,  notwithstanding  their  good  will, 
to  have  recourse  to  the  priest  and  contract  in  his  pres- 
ence, in  which  the  church  does  not  invalidate  their 
matrimonial  contract,  provided  they  contract  before  at 
least  two  witnesses,  and  if  possible  Catholics  ;  even  in 
this  case  the  Catholic  church  enjoins  on  them  the  duty, 
as  soon  as  they  will  have  the  opportunity,  to  receive  the 
priest's  blessing  and  have  the  matrimonial  contract  rati- 
fied by  the  same.  From  this  it  appears  evident,  that 
those  Catliolics  who,  disregarding  the  laws  of  the  church 
in  this  respect,  dare  to  contract  matrimony  before  the 
civil  magistrates,  or  any  other  way,  without  the  presence 


54 


of  the  Catholic  priest,  in  cities  and  places  where  the 
said  priest  resides  or  visits,  besides  committing  a  mortal 
sin,  cause  great  scandal  to  religion  and  do  great  injury 
to  themselves,  living  in  a  state  of  degradation,  their 
matrimony  being  nothing  else  but  a  palliated  concubin- 
age, which  will  surely  bring  them  to  eternal  condemna- 
tion, unless  they  repent  and  x-epair  the  scandal  by 
redressing  their  steps  ;  such  the  church  wishes  to  have 
cut  off  from  her  communion  by  the  sword  of  excommu- 
nication (Cone.  Tri.  Sess.  24,  Cap.  8,  De  Reform.),  and 
in  the  diocese  of  Monterey  and  Los  Angeles  they  incur 
the  same  by  the  very  fact. 

After  the  ceremony  of  matrimony  is  performed,  the 
church  enjoins  on  them  that  have  been  married  to  assist 
at  the  holy  sacrifice  of  the  mass,  and  receive  therein  a 
still  more  copious  benediction,  the  nuptial  blessing. 
This  is  one  of  the  most  imposing  ceremonies  of  the 
church,  and  one  which  Catholics  should  not  disregard. 
It  is  only  enjoined  on  them  who  are  married  for  the 
first  time,  nor  can  it  be  performed  at  all  times,  the 
church  prohibiting  the  performance  of  this  rite  from  the 
first  Sunday  in  Advent  until  the  day  of  the  Epiphany, 
and  from  Ash  Wednesday  to  the  octave  of  Easter, 
inclusively ;  on  which  time  she  recommends  to  her 
children  not  to  contract  matrimony  at  all,  for  reason  of 
the  penitential  time  and  the  great  mysteries  which  are 
commemorated,  and  the  faithful  are  expected  to  comply 
with  their  mother's  wish  in  order  not  to  be  deprived  of 
the  above  especial  blessing,  which,  as  we  have  said,  is 
one  of  the  most  touching  and  imposing  ceremonies  of 
the  Catholic  church,  and  shows  evidently  the  great 
respect  and  esteem  in  which  Christian  marriage  is  to 


55 


be  held.  The  holy  sacrifice  of  the  mass  is  offered  up 
for  the  new  couple,  and  the  whole  of  the  liturgy  is 
directed  towards  obtaining  for  them  Heaven's  most 
copious  blessings,  commencing  the  Introit  with  those 
words  of  Raguel  when  he  gave  Sara  his  daughter  in 
marriage  to  Tobias  :  "  The  God  of  Abraham,  and  the 
God  of  Isaac,  and  the  God  of  Jacob  be  with  you,  and 
may  He  join  you  together  and  fulfil  his  blessing  in 
you"  (Tob.  c.  7,  v.  15),  and  so  on  to  the  end  of  the 
mass.  Mindful  of  the  divine  institution  of  marriage, 
of  its  being  a  great  sacrament  in  Christ  and  in  the 
church,  and  of  the  duties  resulting  from  it  for  the  newly 
mai'ried,  she  implores  the  grace  that  they  may  fulfill 
them  ;  that  being  faithful  to  the  Author  of  matrimony, 
they  may  live  a  long  life,  and  see  their  children's  chil- 
dren to  the  third  and  fourth  genei*ation.  She  reads 
that  portion  of  the  Epistle  of  St.  Paul  to  the  Ephesians 
(chap.  5,  from  v.  22  to  33)  in  which  he  details  the  duties 
of  both  husband  and  wife,  and  that  they  are  to  cherish 
one  another  as  Christ  and  his  church,  of  whose  union 
matrimony  is  a  figure  ;  and,  particularly,  that  the  hus- 
band "  love  his  wife  as  himself,"  and  "  the  wife  rever- 
ence her  husband."  She  reads  also  that  portion  of  the 
gospel  (Matthew,  c.  19,  vv.  3-6)  in  which  our  Lord 
declares  matrimony  to  be  instituted  by  God,  one  and 
indissoluble.  And  in  one  of  the  most  solemn  moments 
of  the  sacrifice,  immediately  after  the  "  Paternoster"  or 
Lord's  Prayer,  she  pronounces  a  lengthy  benediction  on 
both  the  bridegroom  and  the  bride,  but  most  particularly 
on  the  bride,  begging  of  God  that  she  may  "  be  pleasing 
to  her  husband,  like  Eachel ;  discreet,  like  Rebecca ; 
and  in  years  and  fidelity,  like  Sarah."     Finally,  at  the 


56 


end  of  mass,  before  giving  the  last  blessing,  she  ad- 
dresseth  likewise  both  of  them,  saying,  '•  May  the  God 
of  Abraham,  the  God  of  Isaac,  and  the  God  of  Jacob 
be  with  you,  and  may  He  fulfil  his  blessing  in  you,  that 
you  may  see  your  children's  children  to  the  third  and 
fourth  generation  ;  and  afterguards  enter  the  possession 
of  eternal  life,  through  the  assistance  of  our  Lord  Jesus 
Christ,  who,  with  the  Father  and  the  Holy  Ghost,  liveth 
and  reigneth  one  God  forever.  Amen."  Such  are  the 
laws  and  ceremonies  prescribed  by  the  church  for  Cath- 
olic marriages.  Would  to  God  they  were  faithfully 
observed  by  Christians  !  There  would  not  be  so  many 
unhappy  marriages  and  scandals  in  Christian  society. 

Having  considered  matrimony  under  its  two-fold 
aspect,  as  a  contract  and  as  a  sacrament,  under  the 
Christian  dispensation ;  its  essential  qualities  of  unity, 
sanctity,  and  indissolubjlity ;  the  different  erroneous 
doctrines  opposed  to  the  same  as  an  institution  of  God  ; 
the  power  and  zeal  of  the  Catholic  church  in  protecting 
Christian  marriage  by  prudent  and  wise  laws,  it  seems 
to  us  that  our  object  would  remain  yet  imperfect  unless 
we  placed  before  the  reader  the  duties  resulting  from 
Christian  marriage,  the  knowledge  of  which  may  greatly 
contribute  to  direct  those  who  feel  themselves  called  to 
that  state,  how  they  ought  to  proceed  with  the  utmost 
care,  rectitude  of  intention,  and  guided  by  religion  in 
embracing  it.  This  is  what  we  are  going  to  do  in  the 
following  lines : 

The  duties  resulting  from  matrimony,  called  by  Saint 
Paul  a  "  Yoke  "  (2d  Cor.  c.  6,  v.  14),  are  of  such  im- 
portance and  so  arduous  that  the  disciples  of  our  Lord 
hearing  him  speak  of  them,  and   especially   of  those 


57 


resulting  from  its  perpetuity,  said  to  him,  "  If  the  case 
of  a  man  with  his  wife  be  so,  it  is  not  good  to  marry ;" 
that  is  to  say,  it  is  better  not  to  marry.  To  whom  the 
Lord,  approving  their  opinion,  said,  "  All  receive  not 
this  word,  but  they  to  whom  it  is  given"  (Matt.  c.  19, 
vv.  10,  11)  ;  and  hence  He  took  occasion  to  extol  and 
enhance  celibacy  over  the  matrimonial  state,  saying : 
"  There  are  eunuchs  who  have  made  themselves  eunuchs 
for  the  kingdom  of  heaven's  sake,"  and  encouraged  them 
to  celibacy,  adding,  "  He  that  can  receive  it,  let  him 
receive  it."  (Same,  v.  12.)  St.  Paul  also  recommends 
cehbacy  and  virginity  over  the  matrimonial  state,  as 
being  more  apt  to  attend  to  the  service  of  God  and  to 
one's  salvation,  saying,  "  He  that  is  without  a  wife  is 
solicitous  for  the  things  that  belong  to  the  Lord,  how  he 
may  please  God  ;  but  he  that  is  with  a  wife  is  solicitous 
for  the  things  of  the  world,  how  he  may  please  his 
wife,  and  he  is  divided.  And  the  unmarried  woman 
and  the  virgin  thinketh  on  the  things  of  the  Lord,  that 
she  may  be  holy  both  in  body  and  spirit ;  but  she  that 
is  married  thinketh  on  the  things  of  the  world,  how  she 
may  please  her  husband."  (1st  Cor.  7.)  Concerning 
this,  however,  there  is  no  commandment,  except  for 
such  who  freely,  of  their  own  choice,  impose  upon  them- 
selves the  obligation  and  vow  chastity  and  celibacy  to 
the  Lord,  having  received  the  gift  from  him ;  but  it  is 
only  advised  as  more  perfect  and  pleasing  to  God. 
"  Now  concerning  virgins,"  says  the  same  Apostle 
(Same),  "  I  have  no  commandment  of  the  Lord,  but  I 
give  counsel,  as  having  obtained  mercy  of  the   Lord   to 

be  faithful I  would  that  all  men  were  even  as 

myself,"  that  is  to  say,  unmarried  ;  "  but  every  one  has 
3* 


58 


his  proper  gift  from  God,  one  after  this  manner,  and 
another  after  that ;  but  I  say  to  the  unmarried  and  to 
the  widows,  it  is  good  for  them  if  they  so  continue,  even 
as  I.  But  if  they  do  not  contain  themselves,  let  them 
marry  ;  for  it  is  better  to  marry  than  to  burn.  ...  If 
thou  take  a  wife,  thou  hast  not  sinned  ;  and  if  a  virgin 
marry,    she  hath  not  sinned ;    nevertheless,  such  shall 

have  tribulation  of  the  flesh Therefore,  both  he 

that  giveth  his  virgin  in  marriage,  doeth  well ;  and  he 

that  giveth  her  not,  doeth  better A  woman  is 

bound  by  the  law  as  long  as  her  husband  liveth ;  but  if 
her  husband  die,  she  is  at  liberty ;  let  her  marry  to 
whom  she  will,  only  in  the  Lord.  But  more  blessed 
shall  she  be  if  so  she  remain,  according  to  my  counsel ; 
and  I  think  that  I  also  have  the  Spirit  of  God." 

This  is  the  doctrine  by  which  the  church  hath  always 
been  guided  in  strenuously  defending,  against  the  an- 
cient heretics,  the  dignity  of  matrimony,  and  against 
the  modern  reformers,  the  supremacy  of  celibacy  and 
virginity  over  the  matrimonial  state.  Against  the  for- 
mer, namely,  the  Manicheans,  who,  as  Saint  Paul  says 
(1  Tim.  4),  "  giving  heed  to  spirits  of  error  and  doc- 
trines of  devils,  speaking  lies  in  hypocrisy,"  were  "  for- 
bidding to  marry  "  as  a  diabolical  institution,  the  church 
declared  that  matrimony  is  an  institution  of  God,  sanc- 
tified by  our  Lord,  and  raised  by  himself  into  the  dig- 
nity of  a  sacrament  under  the  Christian  dispensation  ; 
and  against  the  latter,  who,  preferring  matrimony  to 
celibacy  and  virginity,  not  on  account  of  the  sacrament, 
which  dignity  they  also  denied  to  matrimony,  but  merely 
as  something  more  congenial  to  them,  and  opposing 
celibacy,  which  they  had  vowed  to  God  and  were  not 


59 


willing  to  keep,  and  therefore  they  condemned  it,  to- 
gether with  virginity,  as  contrary  to  their  inclinations, 
by  which  they  measured  the  gospel  truths,  the  church 
declared,  according  to  the  above  doctrine  of  our  Lord 
and  his  blessed  Apostle,  celibacy  and  virginity  to  be 
preferable  to  matrimony,  saying  (Cone.  Trin.  Sess.  24, 
Can.  10),  '•  If  any  one  say  that  the  original  state  is  to 
be  preferred  to  the  state  of  virginity  or  celibacy,  and 
that  it  is  not  better  and  more  blessed  to  live  in  vir- 
ginity or  celibacy  than  to  conti'act  raatrimony,  let  him 
be  anathema." 

According  to  this  gospel's  doctrine,  blessed  are  they 
who  are  called  to  the  state  of  celibacy,  Avhether  male 
or  female,  either  to  the  ecclesiastical  state  or  to  the 
state  of  a  religious  life,  and  persevere  faithful  to  their 
holy  vocation.  Such  is  the  preeminence  of  celibacy 
over  matrimony,  that  when  accompanied  with  solemn 
vows  in  religion,  even  after  a  previous  maiTiage  con- 
tracted but  not  consummated,  by  virtue  of  the  vows 
the  tie  of  matrimony  is  dissolved,  so  that  the  party 
remaining  in  the  world  after  the  vows  of  the  other 
can  contract  matrimony  with  another.  Whether  this 
be  merely  by  virtue  of  the  excellency  of  the  religious 
vows  over  matrimony,  or  by  divine  disposition  in  favor 
of  the  religious  life  implied  in  that  recommendation 
made  by  Jesus  Christ  of  renouncing  all  things,  father, 
mother,  brother,  sister,  wife,  and  even  one's  life  to 
follow  Him  (Matt.  c.  19,  v.  29,  Luke,  c.  14,  v.  26),  or 
lastly  by  virtue  of  a  condition  always  implied  in  the 
marriage  contract,  namely,  "  I  contract  for  life,  unless 
previous  to  the  consummation  of  matrimony  I  would 
consecrate  myself  to  God  in  religious  life,"  certain  it 


60 


is  that  matrimony  contracted  but  not  consummated  is 
dissolved  by  solemn  religious  vows,  as  the  church  has 
declared  according  to  the  above  said  doctrine,  condemn- 
ing as  heretics  those  who  would  dare  to  deny  it :  "  If 
any  one  say  .  .  .  that   matrimony  contracted,  but  not 
consummated,  is  not  dissolved  by  the  solemn  religious, 
profession  of  one  of  the  contracting  parties,  let  him  be 
anathema."     (Con.  Trin.  Sess.  24,  Can.  6.)     The  rea- 
son of  the  dissolution  of  such  marriage  in  favor  of  the 
more  blessed  state  of  religious  life,  is  because  the  union 
of  Jesus  Christ  with  his  church  is  fully  represented  and 
perfected  only  by  consummation,  by  which  the  contract- 
ing parties  become  "  one  flesh,"  as  also  the  members  of 
the  church,  with  relation  to  Christ,  are  said  to  be  by 
the  Apostle  "  of  his  flesh  and  of  his  bones  "  (Eph.  c.  5, 
V.  30)  ;  and  from   said  consummation  results  the  abso- 
lute indissolubility  of  the  matrimonial  tie.     Hence  also 
comes  the  opinion  of  some  divines,  who  affirm  that  the 
supreme  pontiff,  by  virtue  of  the  supreme  power  of  the 
keys  conferred  on  him  by  our  Lord,  can  dissolve,  in 
some  extraordinary  cases,  the  tie  of   said  matrimony 
contracted,   but  not  consummated  ;    and   sustain  their 
opinion  by  facts  which  prove  the  exercise  of  said  power. 
Returning  to  our  subject,  we   say,  according  to  the 
above  said  doctrine  of  our  Lord,  and  that  of  the  Apostle, 
that  blessed  are  they  who  are  called  to  a  state  of  celi- 
bacy ;  but,  as  all  have  not  received  this  gift  from  God, 
so  they  are  to  be   satisfied  whom  God  hath  called  to  a 
married  life  ;  it  is  also  a  gift  of  God,  although  not  so 
perfect ;  they  shall  have  tribulation  of  the  flesh,  as  Saint 
Paul  says.     But  they  do  well   marrying  when  called ; 
and  they  shall  find  therein  also,  the  means  of  sanctifica- 


61 


tion  and  securing  their  eternal  salvation,  if  they  be 
faithful  in  complying  with  the  duties  thereof ;  in  keep- 
ing, as  the  same  Apostle  says,  the  "  Marriage  honorable 
in  all  (things,)  and  the  bed  undefiled  "  (Heb.  c.  13,  v. 
4)  ;  preserving,  with  the  most  assiduous  diligence,  the 
unity,  perpetuity,  and  sanctity  of  the  matrimonial  state ; 
its  unity  by  mutual  fidelity  ;  its  perpetuity  by  mutual 
society ;  and  its  sanctity  by  mutual  love  and  assistance. 
And  these  are  the  three  duties  resulting  from  the 
matrimonial  engagement,  which  we  are  now  going  to 
explain. 

In  the  first  place,  married  persons  are  bound  to  pre- 
serve the  unity  of  matrimony  by  mutual  fidelity.  From 
the  moment  they  gave  their  mutual  consent  and  engaged 
in  matrimony,  they  delivered  to  each  other  their  bodies, 
which  are  no  more  their  own,  but  their  companion's ; 
this  made  the  Apostle  say  (1st  Cor.,  c.  7)  :  "  The  wife 
hath  not  power  over  her  own  body,  but  the  husband ; 
and  in  like  manner  the  husband  also  hath  not  power  of 
his  own  body,  but  the  wife ;"  and  this  is  also  the  rea- 
son why,  according  to  the  same  Apostle  (Eph.  c.  5,  v. 
28),  "  so  also  ought  men  to  love  their  wives  as  their  own 
bodies,"  and  "  he  that  loveth  his  wife,  loveth  himself ;" 
because  "  they  are  not  two,  but  one  flesh,"  as  our  Lord 
says.  Hence,  any  one  who  is  engaged  in  matrimony, 
whether  male  or  female,  who  divides  the  love  he  owes 
to  his  companion  with  any  other,  toucheth  at  a  forbidden 
fruit,  rends  the  unity  of  matrimony,  and  becomes  a 
practical  "  Mormonist,"  since  there  are  more  than  two 
in  one  flesh,  according  to  the  doctrine  of  Saint  Paul, 
saying  :  "  know  you  not  that  he  who  adheres  to  a  harlot, 
is  made  one  body  ?  for  they  shalkbe,"  saith  he,  "  two  in 


62 


one  flesh."  (1st  Cor.,  c.  6,  v.  16.)  Who  can  compre- 
hend the  black  injustice,  and  the  awful  consequences  of 
this  sin  ?  often  rendering  uncertain  the  fruit  of  matri- 
monial engagements,  and  depriving  the  proper  heirs  of 
what  property  belongs  to  them,  to  give  it  to  strangers. 
This  is  one  of  those  monstrous  deeds  which  should  never 
be  heard  of  amongst  Christians ;  if  in  the  ancient  law 
they  who  were  guilty  of  it,  whether  male  or  female, 
were  ordered  to  be  put  to  death,  that  the  evil  might  be 
removed,  for  thus  saith  the  Lord :  "  they  shall  both  die," 
that  is  to  say,  the  adulterer  and  the  adulteress,  "  and 
thou  shalt  take  away  the  evil  out  of  Israel  (Deut.,  c.  22, 
V.  22),  what  then  must  it  be  amongst  Christians,  whose 
bodies  by  baptism  were  made  temples  of  God,  and  mem- 
bers of  Christ !  the  Apostle  saying :  "  know  you  not 
that  your  bodies  are  members  of  Christ  ?  shall  I  then, 
taking  the  members  of  Christ,  make  them  the  members 
of  a  harlot  ?  God  forbid."  *  *  «  Know  you  not  that 
your  members  are  the  temple  of  the  Holy  Ghost  ?"  (1st 
Cor.,  c.  6,  vv.  15, 19.) 

God  forbid  that  any  Christian  should  so  forget  the 
unity  of  matrimony  as  to  violate  it  by  infidelity,  for 
with  such  a  foul  crime  he  could  not  be  admitted  into  the 
mansions  of  eternal  bliss.  Still  it  is  not  enough  for 
married  people  to  preserve  unity  by  mutual  fidelity. 
They  must  likewise  preserve  the  perpetuity  of  their 
engagement  by  constant  and  mutual  society,  which 
obliges  them  to  live  togethei*,  united  by  the  bond  of 
family,  according  to  the  words  of  our  Lord  :  "  they  are 
not  two,  but  one  flesh ;"  "  what,  therefore,  God  hath 
joined  together,  let  not  man  put  asunder."  Saint  Paul, 
who  carefully  explained  all  the  duties  of  married  per- 


63 


sons,  expresses  this  in  the  most  cleai'  and  evident  terms, 
saying  (1st  Cor.,  c.  7)  :  "  to  them  that  are  married,  not 
I,  but  the  Lord  commandeth  that  the  wife  depart  not 
from  her  husband  ;  and  if  she  depart,  that  she  remain 
unmarried,  or  be  reconciled  to  her  husband.  And  let 
not  the  husband  put  away  his  wife."  The  very  end  and 
object  of  matrimony,  namely,  the  procreation  and  proper 
education  of  children,  imperatively  demands  that  mar- 
ried people  live  in  society  together ;  and  they  evidently 
violate  this,  God's  commandment,  who,  to  the  great 
scandal  of  Christianity,  live  separated  from  one  another ; 
which  crime,  as  an  abyss  calleth  for  another  abyss,  often 
brings  them  to  some  other,  even  more  grievous  crime  ; 
and  the  disregard  for  the  perpetuity  of  marriage  some- 
times brings  them  to  the  violation  of  its  unity;  and  the 
withdrawing  from  the  path  of  Christianity  carries  them 
to  that  of  "  Mormonism." 

Some  reason  had  the  Apostles  then,  when,  hearing 
our  Lord  speak  of  the  duties  of  married  persons,  said  to 
him :  "  If  the  case  of  a  man  with  his  wife  be  so,  it  is 
not  good  to  marry  "  (Matt.,  c.  19,  v.  10)  ;  that  is  to  say, 
it  is  better  not  to  marry  ;  which  declai-ation,  as  we  have 
said,  our  Lord  confirmed,  celibacy  being  preferable  to  it, 
and  a  more  blessed  state ;  for,  as  Saint  Paul  says,  those 
that  are  married  "  shall  have  tribulation  of  the  flesh  " 
(1st  Cor.,  c.  7)  ;  and  such  tribulation  sometimes,  that  it 
becomes  almost  insupportable,  the  first  aflfections  having 
changed  into  antipathies,  which  daily  increasing,  at  last 
convert  the  married  state,  from  being  a  society  of  love 
into  a  society  of  hatred:  into  a  heUish  society.  Oh! 
how  young  people  ought  to  reflect  upon  this  before  con- 
tracting matrimony,  and  be  cautious  in  selecting  a  com- 


64 


panion  for  life,  being  actuated  not  by  flying  passion  and 
affection,  but  by  the  principles  of  religion  and  Christian 
prudence,  in  order  not  to  expose  themselves  to  the  dan- 
ger of  perpetually  bewailing  their  evil  lot,  and  mixing 
their  bitter  tears  and  fruitless  grief  with  their  daily 
bread,  as  is  the  case  with  many  an  unfortunate  couple. 
But  is  there  no  remedy  to  soothe  and  alleviate  the  un- 
happy lot  of  such  as  have  been  unfortunate  in  the  selec- 
tion of  a  companion,  or  whose  dispositions  have  so 
changed  after  marriage,  as  to  render  his  company  un- 
pleasant, painful,  or  even  sometimes  dangerous  ?  or  is  an 
innocent  victim  to  be  always  under  the  power  of  a 
tyrant,  to  be  constantly  immolated  at  the  altar  of  anger  ? 
Does  not  religion  offer  some  leniency  to  this,  one  of  the 
greatest  evils  at  this  side  of  the  grave  ?  Yes  ;  there  ia 
some  remedy  to  this,  afforded  by  religion,  which  alone 
can  console  when  other  remedies  are  unavailing.  And 
first  of  all  is  the  patience  of  Job,  who  in  the  midst  of 
his  heavy  afflictions  suffered  the  insults  of  his  wife  ;  and 
when  this  proves  insufficient,  then  the  Church,  accord- 
ing to  the  docti'ine  of  our  Lord  and  His  blessed  Apostle, 
may  allow,  and  even  order  a  separation,  or  dissolution 
of  family  society,  for  a  determined  or  undetermined 
time,  as  she  may  think  best,  according  to  circumstances, 
but  retaining  always  firm  the  matrimonial  contract  until 
a  reconciliation  can  be  obtained ;  and  those  are  con- 
demned as  heretics  who  refuse  to  the  Church  this 
power,  and  affirm  that  she  errs  in  the  exercise  of  it, 
saying :  "  If  any  one  say  that  the  Church  errs,  teach- 
ing that  for  many  reasons  a  separation  of  the  married 
couple  for  a  certain  or  uncertain  time,  as  to  bed  and  co- 
habitation, can  be  commanded,  let  him  be  anathema.' 
(Con.  Trid.  Sess.  24;  Can.  8.) 


65 


We  need  not  dwell  upon  the  different  reasons  or 
causes  that  may  justify  the  dissolution  of  family  society, 
for  a  time,  as  they  may  be  many  and  various,  depending 
on  circumstances,  rendering  matrimonial  society  very 
unpleasant  and  insupportable.  Saint  Paul  supposes 
them  when  he  says  |(lst  Cor.  7)  :  "  To  them  that  are 
married,  not  I,  but  the  Lord  commandeth,  that  the  wife 
depart  not  from  her  husband ;  and  if  she  depart,  that 
she  remain  unmarried,  or  be  reconciled  to  her  husband." 
Not  any  kind  of  reason,  however,  is  sufficient  for  sepa- 
ration ;  nor  is  any  of  the  parties  concerned  always  the 
proper  judge  to  decide  when  and  where  there  is,  or 
there  is  not  sufficient  cause  for  said  sepai'ation,  and  thus 
declare  that  the  Lord's  commandment  of  cohabitation 
is,  or  is  not  binding  on  them  any  longer ;  this  belongs  to 
the  Church  and  its  pastors,  the  interpreters  of  God's 
holy  law,  and  consequently  of  the  duties  resulting  from 
matrimony,  whose  dispensation  as  a  sacrament  under 
the  Christian  Dispensation,  exclusively  belongs  to  them. 
To  the  Church,  then,  are  the  interested  parties  to  apply 
for  the  proper  decision.  From  these  observations  we 
understand  how  guilty  they  must  be,  who  of  their  own 
authority,  and  for  trivial  reasons,  separate,  to  the  great 
scandal  of  Christian  society,  and  often  to  the  ruin  of 
their  own  and  their  children's  reputation. 

There  is  nevertheless  a  ci-ime  for  which,  our  Lord 
himself,  notwithstanding  the  indissolubility  of  the  mar- 
riage contract,  allows  to  the  innocent  party,  provided  he 
has  not  been  guilty  of  the  same  crime,  to  put  away,  and 
even  forever,  the  monstrous  companion.  This  is  the 
crime  of  adultery ;  but  without  the  liberty  of  marrying 
again  to  any  other,  which,  as_we  said  elsewhere,  is  only 


6Q 


allowed  in  case  of  death.  This  is  the  doctrine  of  the 
Church  according  to  that  of  our  Lord  (St.  Matt.,  c.  5, 
V.  32)  :  "  I  say  to  you,  that  whosoever  shall  put  away 
his  wife,  excepting  for  the  cause  of  fornication,  causeth 
her  to  commit  adultery ;  and  whosoever  shall  marry  her 
that  is  put  away,  committeth  adultery,"  And  again 
(c.  19,  V.  9)  :  "  Whosoever  shall  put  away  his  wife,  ex- 
cept it  be  for  fornication,  and  shall  marry  another,  com- 
mitteth adultery ;  and  he  who  shall  marry  her  that  is 
put  away,  committeth  adultery."  "We  see  here  two 
things,  namely,  the  liberty,  for  the  innocent  party,  to 
put  away  the  guilty  monster  for  the  cause  of  fornica- 
tion ;  and  the  prohibition,  for  both,  even  for  the  inno- 
cent, to  marry  again  to  any  other ;  since  both  the  inno- 
cent and  the  criminal  are  said,  by  our  Lord,  to  commit 
adultery  if  they  marry  to  another.  From  this  it  ap- 
pears evident  that  the  crime  of  adultery,  in  either  of  the 
married  couple,  is  a  sufficient  cause  for  separation,  or 
dissolution  of  family  society,  in  favor  of  the  innocent, 
who  has  not  given  cause  to  it,  nor  has  he  been  guilty  of 
the  same  crime  either  before  or  after ;  in  which  case 
he  could  not  claim  any  privilege  over  the  other,  the 
rights  of  matrimony  being  equal  for  both  male  and 
female,  and  where  there  are  equal  rights,  there  is  also 
equal  injustice,  and  a  kind  of  compensation ;  although 
the  crime  be  more  grievous  in  the  female,  owing  to  the 
uncertainty  of  the  matrimonial  fruit  and  the  right  of 
inheritance,  which  might  sometimes  ensue. 

The  above  said  cause  of  adultery  sets  at  liberty,  as 
we  have  said,  the  innocent  party,  forever,  of  the  matri- 
monial engagement,  as  to  cohabitation  and  family  soci- 
ety ;  so  that  he  can  withdraw  from  the  companion  of 


67 


his  own  authority,  which  the  Lord  gives  him  without 
expecting  tlie  decision  of  the  Church,  provided  he  be 
certain  of  the  crime  voluntarily  and  willfully  committed  ; 
and  can  enter  even  a  religious  life,  and  consecrate  him- 
self to  God  forever  in  religion  ;  which  he  could  not  do 
for  any  other  cause,  they  being  by  their  own  nature 
temporary,  whilst  the  former  is  perpetual,  making  of 
them  more  than  "  two  in  one  flesh,"  contrary  to  God's 
command ;  thus  destroying  as  it  were,  what  rendei's  the 
Christian  matrimony  so  sacred  and  venerable,  the  union 
of  Jesus  Christ  with  his  church,  which  it  represents. 
This  shows  to  married  people  what  great  care  and 
zeal  they  should  have  to  preserve  the  unity  of  matri- 
mony by  mutual  fidelity ;  the  first  duty  resulting  from 
matrimonial  engagement,  and  the  most  efficacious  means 
to  preserve  likewise  its  perpetuity  by  constant  and  mu- 
tual society  of  life,  second  duty  of  matrimony ;  and 
thus  it  will  also  be  a  society  of  mutual  love  and  assist- 
ance ;  third  duty,  and  we  might  call  it  the  rewai-d  of 
their  fidelity,  by  which  they  will  preserve  the  sacred- 
ness  and  sanctity  of  the  sacrament. 

To  them  who  fully  comprehend  the  dignity  and  sanc- 
tity of  matrimony,  which  is  called  by  St.  Paul  "  a  great 
sacrament  ...  in  Christ  and  in  the  church,"  it  is  easy 
likewise  to  understand  the  duty  of  mutual  love  and 
assistance  resulting  from  it,  which  renders  the  yoke 
really  sweet  and  light,  strengthens  the  unity  of  the 
matrimonial  engagement,  confirms  its  perpetuity,  and 
forms  the  happiness  of  family  society.  It  seems  to  us 
that  we  can  do  nothing  better  in  this  respect  than  to 
speak  with,  or  rather  quote  the  words  of  the  Apostle  to 
the  Ephesians  (chap.  5),  scarcely  leave  anything  to  be 


68 


added :  "  Let  women,"  says  he,  "  be  subject  to  their 
husbands,  as  to  the  Lord ;  because  the  husband  is  the 
head  of  the  wife,  as  Christ  is  the  head  of  the  church  ; 
He  is  the  Saviour  of  his  body.  Therefore  as  the  church 
is  subject  to  Christ,  so  also  let  the  wives  be  to  their 
husbands  in  all  things.  Husbands,  love  your  wives, 
as  Christ  also  loved  the  church,  and  delivered  himself 
up  for  it,  that  He  might  sanctify  it,  cleansing  it  by  the 
laver  of  water  in  the  word  of  life ;  that  He  might  pre- 
sent it  to  himself  a  glorious  church,  not  having  spot  or 
wrinkle,  nor  any  such  thing,  but  that  it  should  be  holy 
and  without  blemish.  So  also  ought  men  to  love  their 
wives  as  their  own  bodies.  He  that  loveth  his  wife, 
loveth  himself.  For  no  man  ever  hated  his  own  flesh, 
but  nourisheth  and  cherisheth  it,  as  also  Christ  doth  the 
church  ;  for  we  are  members  of  his  body,  of  his  flesh, 
and  of  his  bones.  For  this  cause  shall  a  man  leave  his 
father  and  mother,  and  shall  cleave  to  his  wife,  and 
they  shall  be  two  in  one  flesh.  This  is  a  great  sacra- 
ment ;  but  I  speak  in  Christ  and  in  the  church.  Nev- 
ertheless, let  every  one  of  you  in  particular  love  his 
wife  as  himself,  and  let  the  wife  reverence  her  hus- 
band." Thus  far  the  Apostle,  presenting  before  the 
eyes  of  the  married  people  the  union  between  Christ 
and  his  church,  developing  the  admirable  effects  of  said 
union,  the  unbounded  charity  of  Jesus  Christ  for  the 
church,  and  the  untiring  zeal  of  the  church  for  the 
honor  of  her  divine  spouse,  Jesus  Christ ;  and  proposing 
the  same  as  a  model  to  them  who,  being  called  to  the 
matrimonial  state,  are  to  be  also  a  living  figure  and 
image  of  that  great  mystery  of  charity  and  love ;  that 
being  thus  united  by  the  bond  of  mutual  affection  and 


69 


devotedness,  they  may  have  but  one  heart  and  one  «oul, 
as  they  are  united  in  one  flesh  ;  they  may  perpetually 
preserve  their  marriage  "  honorable  in  all  things,"  by 
mutual  fidelity,  mutual  society,  and  mutual  affection, 
which  will  certainly  bring  them  to  that  marriage  feast 
where  they  shall  be  inebriated  with  the  plenty  of  the 
house  of  God.     (Psalms  35,  v.  9.) 


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